Board of Commissioners handbook / Arizona Commission for the Deaf and the Hard of Hearing

Board of Commissioners Handbook
Mission The purpose of ACDHH is to ensure, in partnership with the public and private sector, accessibility for the deaf and hard of hearing to improve their quality of life. Vision An energetic and innovative team, ACDHH aspires to be a national leader in the provision of communication access, support services, and community empowerment throughout the Grand Canyon State.
Rev. 10/2002
ACDHH Board of Commissioners Handbook
I. Introduction............................................................................. Letter from the Board Chair Letter from the Executive Director ACDHH Mission Statement Board Composition Commitment to Service Code of Ethics Confidentiality Glossary II. Calendar................................................................................. III. The Board of Commissioners....................................................... Job Description Duties Functions: Policymaking, Financial Oversight, and Strategic Planning IV. The Executive Director.............................................................. Executive Director Position Description Performance Management/Evaluation Why Work with the Executive Director? Expectations from Both Sides Who is Responsible for What? Evaluating the Executive Director V. Meetings............................................................................... Board Meeting Procedures Attendance Running a Board Meeting Parliamentary Procedures at a Glance Open Meeting Law VI. Reference............................................................................ Public Representation of the Committee Travel Reimbursement Writing a Position Paper Risk Management VII. ACDHH............................................................................ The Commission at a Glance Organization Flow Chart Commission Duties Chronology Strategic Plan VIII. Commission & Deaf-related Laws............................................. Commission Statutes Interpreter Certification and Licensure Legal Interpreting Interpreting Licensure Telecommunication Fund Others: Service Dogs; Early Identification of Hearing Loss Arizona Administrative Code IX. Handouts and Notes Page 2 3 4 5 6 7 7 8 Page 9 Page 12 13 14 Page 19 19 21 22 23 24 Page 25 25 27 28 30 Page 39 40 41 42 Page 51 52 53 54 56 Page 57 60 61 62 66 68 73
Jane D. Hull
GOVERNOR
Sherri L. Collins
EXECUTIVE DIRECTOR
1400 West Washington � Room 126 � Phoenix, Arizona 85007 www.acdhh.org
September 17, 2002 Fellow Commissioners: As Chair of the ACDHH Board of Commissioners, it pleases me greatly to see such a comprehensive resource designed to assist the Board in giving its fullest performance. Our work as commissioners is important. We represent the voices of all Arizona when confronting hearing loss. We are 14 minds who work together not for ourselves but the demographics we represent. Sometimes we may fall into thinking only of the present and forget that there were commissioners before us and will be commissioners after us; this handbook will guide both present and future commissioners throughout our service to the Arizona deaf and hard of hearing population. May this handbook serve us to even greater success!
Respectfully,
Chris Schneck, Chair, ACDHH Board of Commissioners
602-542-3323 V/TTY � 602-364-0990 TTY � 602-542-3383 V � 800-352-8161 V/TTY � 602-542-3380 FAX � INFO@ACDHH.STATE.AZ.US
The mission of the Arizona Commission for the Deaf and the Hard of Hearing is to ensure, in partnership with the public and private sectors, accessibility for the deaf and the hard of hearing to improve their quality of life.
Jane D. Hull
GOVERNOR
Sherri L. Collins
EXECUTIVE DIRECTOR
1400 West Washington � Room 126 � Phoenix, Arizona 85007 www.acdhh.org
September 17, 2002 Dear Commissioners: Since its inception in 1977, the Commission has done wonderful work in its service to the many populations with a hearing loss within the Arizona community we serve. But there is a little known historical fact about the Commission: The Board preceded the staff by almost a year. The legislation that enabled the Commission was passed into law in 1977 and quickly saw the formation of the Board. In 1978, a proposal to fund the Commission made it out of the Legislature and ACDHH was able to add an executive director and a secretary to its payroll. In that one-year period, however, the Commission did not stay idle--thanks to the Board of Commissioners. Over the years, the role of the Board has not diminished. Your leadership helps shape the vision of the programs and services ACDHH provides to the deaf and hard of hearing community all across Arizona. I look forward to a productive working relationship with each one of you! Sincerely,
Sherri L. Collins Executive Director
602-542-3323 V/TTY � 602-364-0990 TTY � 602-542-3383 V � 800-352-8161 V/TTY � 602-542-3380 FAX � INFO@ACDHH.STATE.AZ.US
The mission of the Arizona Commission for the Deaf and the Hard of Hearing is to ensure, in partnership with the public and private sectors, accessibility for the deaf and the hard of hearing to improve their quality of life.
Board Composition
Appointing authority: Term: Number of members: Compensation: Composition: Governor of Arizona Three (3) years (A.R.S. �36-1941) Fourteen (14) (A.R.S. �36-1941) None except as outlined in the travel reimbursement policy The Board shall consist of fourteen (14) members appointed by the Governor. Of these members:
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Four (4) members shall be Deaf persons Four (4) members shall be Hard of Hearing persons One (1) member shall be from the Department of Economic Security One (1) member shall be from the Arizona School for the Deaf and the Blind in Tucson or from the Phoenix Day School for the Deaf One (1) member shall be a clinical audiologist One (1) member shall be a hearing aid dispenser pursuant to A.R.S. One (1) member shall be from the Arizona Registry of Interpreters for the Deaf One (1) member shall be a parent of a deaf or hard of hearing child
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Commitment to Service
As a board member, I am committed to: 1. Serving the needs of people. The Commission exists to serve the Deaf and the Hard of Hearing and its success is measured in the quality of service delivered to them. The Board's energy should be focused on fulfilling the needs of these people. 2. Providing budget planning for our organization. A Board member helps assure the financial integrity of the Commission by approving an annual budget and monitoring finances. 3. Providing resources and expertise to the organization. Board members are asked to serve on the Board because of their talents, special skills and interests. Board members personally provide a great deal of assistance by volunteering their talents and skills, or providing links and encouragement. 4. Giving my time and energy. When you give your time, you are investing in the people the Commission serves. The time you give for Board meetings, committee meetings and special events is critical. 5. Respecting the vote. It is vitally important that the minority viewpoint be given a full hearing. It is equally important that the majority rule prevails, and that each Board member in the minority fully supports the decision once a vote is recorded. 6. Making this a "working" Board. Knowing what you are expected to do and how it relates to others you work with is very important. Doing what I am expected to do is altogether different and a Board member should not only strive to maintain the seat but to also expand and enhance the Board. Consequently, I shall: � Attend Board meetings and organizational functions � Leave vested interests in particular programs outside Board meetings � Give full support of skills and resources to the Commission � Serve on committees � Remain informed about the needs of the Deaf and the Hard of Hearing � Strictly adhere to the Commission's bylaws and Board policies � Actively promote the organization through professional contacts � Provide the Commission staff with contacts � Appear in media and in the public to promote Commission activities � Work with the State Legislature to advocate Commission positions � Do my most to observe legislative hearings and sub-committee meetings on matters concerning the Commission
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Code of Ethics
A.R.S. �38-501 through �38-510 concern conflicts of interest of public officers and employees and it is the Board member's continuing responsibility to observe and apply the provisions of these laws. The following policy can help the Board avoid situations that can damage the public's trust in the Commission. � Business or professional interests. Board members have outside business and professional interests. Board members, however, may not make a profit in any way in their outside employment or business interests from their service on the Commission's board of directors, either for themselves, relatives or friends. Board members shall disclose any conflict of interest involving an issue before the Board. While they may participate in discussion of the issue, they shall not vote. Gifts, gratuities. Board members will not accept gifts, gratuities, trips, personal property or other items of value from an outside person or organization as an inducement to vote a certain way, do business a certain way, or provide certain services. Personal beliefs. Board members hold a wide range of personal beliefs, values and commitments. These may present a conflict of interest if they prevent Board members from acting for the benefit of the full organization, from carrying out their responsibilities as Board members, if Board members attempt to use their membership to further their personal interests, or to convince other Board members, the Executive Director or Commission staff to act upon the Board member's wishes. My efforts shall be focused on the mission of the Commission and not on my personal goals. Abuse of the Board office. Board members should not abuse their office by using the Commission's staff, services, equipment or property for their personal or family gain. This includes using their position on this Board to obtain employment at the Commission for themselves, family members or friends.
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Confidentiality
Minutes of and discussions made at an Executive Session are required by law to be kept confidential and shall not be shared with any person outside this meeting room, except to: � Members of the Commission, � A person who is the subject of the discussion pursuant to A.R.S. � 38-431(A)(l), � The Auditor General in connection with an audit authorized by law, and � The Attorney General
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Glossary
Throughout the handbook, the following terms in boldface are intended to take on the following specific definitions: Board. The Board of Commissioners of the Arizona Commission for the Deaf and the Hard of Hearing. Board Member. A person who sits on the Board of Commissioners of the Arizona Commission for the Deaf and the Hard of Hearing. Commission. The Arizona Commission for the Deaf and the Hard of Hearing. Commission Member. A person affiliated with the Arizona Commission for the Deaf and the Hard of Hearing as a Board Member or a Commission Staff. Commission Staff. The staff members of the Arizona Commission for the Deaf and the Hard of Hearing. deaf. Generalization indicating profound hearing loss. Deaf. Those with hearing loss who use American Sign Language. Executive Director. The Chief Executive Officer of the Arizona Commission for the Deaf and the Hard of Hearing. Hard of Hearing. Those with hearing loss who do not use American Sign Language.
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Year 2002
January 2002
Su Mo Tu 1 678 13 14 15 20 21 22 27 28 29 We 2 9 16 23 30 Th 3 10 17 24 31 Fr 4 11 18 25 Sa 5 12 19 26
February 2002
Su Mo Tu We Th Fr Sa 12 3456789 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
March 2002
Su Mo Tu We Th Fr 1 345678 10 11 12 13 14 15 17 18 19 20 21 22 24 25 26 27 28 29 31 Sa 2 9 16 23 30
April 2002
Su Mo 1 78 14 15 21 22 28 29 Tu 2 9 16 23 30 We 3 10 17 24 Th 4 11 18 25 Fr 5 12 19 26 Sa 6 13 20 27
May 2002
Su Mo Tu We 1 5678 12 13 14 15 19 20 21 22 26 27 28 29 Th 2 9 16 23 30 Fr 3 10 17 24 31 Sa 4 11 18 25
June 2002
Su Mo Tu We Th Fr Sa 1 2345678 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30
July 2002
Su Mo 1 78 14 15 21 22 28 29 Tu 2 9 16 23 30 We 3 10 17 24 31 Th 4 11 18 25 Fr 5 12 19 26 Sa 6 13 20 27
August 2002
Su Mo Tu We Th 1 45678 11 12 13 14 15 18 19 20 21 22 25 26 27 28 29 Fr 2 9 16 23 30 Sa 3 10 17 24 31
September 2002
Su 1 8 15 22 29 Mo 2 9 16 23 30 Tu 3 10 17 24 We 4 11 18 25 Th 5 12 19 26 Fr 6 13 20 27 Sa 7 14 21 28
October 2002
Su Mo Tu 1 678 13 14 15 20 21 22 27 28 29 We 2 9 16 23 30 Th 3 10 17 24 31 Fr 4 11 18 25 Sa 5 12 19 26
November 2002 December 2002
Su Mo Tu We Th Fr 1 345678 10 11 12 13 14 15 17 18 19 20 21 22 24 25 26 27 28 29 Sa 2 9 16 23 30 Su 1 8 15 22 29 Mo 2 9 16 23 30 Tu 3 10 17 24 31 We 4 11 18 25 Th 5 12 19 26 Fr 6 13 20 27 Sa 7 14 21 28
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Year 2003
January 2003
Su Mo Tu We 1 5678 12 13 14 15 19 20 21 22 26 27 28 29 Th 2 9 16 23 30 Fr 3 10 17 24 31 Sa 4 11 18 25
February 2003
Su Mo Tu We Th Fr Sa 1 2345678 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
March 2003
Su Mo Tu We Th Fr Sa 1 2345678 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31
April 2003
Su Mo Tu 1 678 13 14 15 20 21 22 27 28 29 We 2 9 16 23 30 Th 3 10 17 24 Fr 4 11 18 25 Sa 5 12 19 26
May 2003
Su Mo Tu We Th 1 45678 11 12 13 14 15 18 19 20 21 22 25 26 27 28 29 Fr 2 9 16 23 30 Sa 3 10 17 24 31 Su 1 8 15 22 29
June 2003
Mo 2 9 16 23 30 Tu 3 10 17 24 We 4 11 18 25 Th 5 12 19 26 Fr 6 13 20 27 Sa 7 14 21 28
July 2003
Su Mo Tu 1 678 13 14 15 20 21 22 27 28 29 We 2 9 16 23 30 Th 3 10 17 24 31 Fr 4 11 18 25 Sa 5 12 19 26
August 2003
Su Mo Tu We Th Fr 1 345678 10 11 12 13 14 15 17 18 19 20 21 22 24 25 26 27 28 29 31 Sa 2 9 16 23 30
September 2003
Su Mo 1 78 14 15 21 22 28 29 Tu 2 9 16 23 30 We 3 10 17 24 Th 4 11 18 25 Fr 5 12 19 26 Sa 6 13 20 27
October 2003
Su Mo Tu We 1 5678 12 13 14 15 19 20 21 22 26 27 28 29 Th 2 9 16 23 30 Fr 3 10 17 24 31 Sa 4 11 18 25
November 2003 December 2003
Su Mo Tu We Th Fr Sa 1 2345678 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Su Mo 1 78 14 15 21 22 28 29 Tu 2 9 16 23 30 We 3 10 17 24 31 Th 4 11 18 25 Fr 5 12 19 26 Sa 6 13 20 27
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Year 2004
January 2004
Su Mo Tu We Th 1 45678 11 12 13 14 15 18 19 20 21 22 25 26 27 28 29 Fr 2 9 16 23 30 Sa 3 10 17 24 31
February 2004
Su Mo Tu We Th 12345 8 9 10 11 12 15 16 17 18 19 22 23 24 25 26 29 Fr 6 13 20 27 Sa 7 14 21 28
March 2004
Su Mo 1 78 14 15 21 22 28 29 Tu 2 9 16 23 30 We 3 10 17 24 31 Th 4 11 18 25 Fr 5 12 19 26 Sa 6 13 20 27
April 2004
Su Mo Tu We Th 1 45678 11 12 13 14 15 18 19 20 21 22 25 26 27 28 29 Fr 2 9 16 23 30 Sa 3 10 17 24
May 2004
Su Mo Tu We Th Fr Sa 1 2345678 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31
June 2004
Su Mo Tu 1 678 13 14 15 20 21 22 27 28 29 We 2 9 16 23 30 Th 3 10 17 24 Fr 4 11 18 25 Sa 5 12 19 26
July 2004
Su Mo Tu We Th 1 45678 11 12 13 14 15 18 19 20 21 22 25 26 27 28 29 Fr 2 9 16 23 30 Sa 3 10 17 24 31 Su 1 8 15 22 29
August 2004
Mo 2 9 16 23 30 Tu 3 10 17 24 31 We 4 11 18 25 Th 5 12 19 26 Fr 6 13 20 27 Sa 7 14 21 28
September 2004
Su Mo Tu We 1 5678 12 13 14 15 19 20 21 22 26 27 28 29 Th 2 9 16 23 30 Fr 3 10 17 24 Sa 4 11 18 25
October 2004
Su Mo Tu We Th Fr 1 345678 10 11 12 13 14 15 17 18 19 20 21 22 24 25 26 27 28 29 31 Sa 2 9 16 23 30
November 2004 December 2004
Su Mo 1 78 14 15 21 22 28 29 Tu 2 9 16 23 30 We 3 10 17 24 Th 4 11 18 25 Fr 5 12 19 26 Sa 6 13 20 27 Su Mo Tu We 1 5678 12 13 14 15 19 20 21 22 26 27 28 29 Th 2 9 16 23 30 Fr 3 10 17 24 31 Sa 4 11 18 25
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Board Member Job Description
Title: Reports to: Purpose: Term: Member, ACDHH Board of Directors Board Chair To serve the Board as a voting member, to assist in policy-making, and to monitor the finances, programs and performance of the organization. Three years, beginning on September 1 and ending on August 31
Expected Meeting Attendance: � Regularly attend scheduled meetings � Attend meetings of committees served � Attend Board retreats, planning sessions, and Board development workshops � Attend and participate in special events Obligations of the Board: � Establish policy � Hire, terminate (if necessary), supervise and annually evaluate the Executive Director � Help with financial planning � Maintain, update and monitor strategic plans Specific Duties: � Attend meetings, participate and show commitment to board activities � Be well-informed and prepared for meetings � Contribute skills, knowledge and experience when appropriate � Listen respectfully to other viewpoints � Assume leadership roles in all board activities � Represent the Commission to the public, businesses and the community � Educate yourself about the needs of the Deaf and the Hard of Hearing people � Evaluate the Executive Director
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Duties
All Members � Attend regularly scheduled Commission meetings to achieve quorum
� � � � � � Attend specially scheduled Commission meetings to achieve quorum Be aware of the needs of the constituents that you are representing Represent your constituency to the best of your ability Determine need for committees based on issues to be resolved Participate in committees Serve three-year terms
Vice Chair
� � � Assume all duties of the Chair in the absence of the Chair Assume all duties of the Vice Chair set forth in here and any other policies approved by the Board May serve only two consecutive terms as Vice Chair
Chair
� � � � � � � � � � � � Preside over all Board meetings, following parliamentary procedure Call meetings; business meetings, town hall meetings, executive sessions, any other special sessions Establish agenda for all Board meetings Determine chairperson, size, and possible staffing of subcommittees Delegate meeting responsibility to a Board member if unable to attend a meeting and Vice Chair's absence is expected Vote only in the event of a tie vote Issue an annual report to the governor Maintain communications with all Board members Maintain communications with the Executive Director Oversee any evaluation of the Executive Director Assume all duties of the Chair set forth in here and any other policies approved by the Board May serve only two consecutive terms as Chair
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Functions of the Board
The job of a Commission board is usually defined as policymaker and regulator. The Board establishes policies that direct the Commission staff to take a course of action to meet the agency mission. The Commission functions within the parameters of these policies. The Board observes and evaluates how well the Commission, led by the Executive Director, implements board policies and carries out the Commission's mission.
Four areas of Board responsibility
Within your policy-making role, your four specific areas of responsibility are: 1. The Board hires, supervises, evaluates and, if necessary, terminates the Executive Director. The Board's first responsibility, and maybe the most important one, is to hire a competent administrator to run the organization by managing all aspects of its day-to-day affairs. Most board members do not have the time to manage the day-to-day business of the organization. By hiring, and then supporting a professional who keeps things running smoothly, you ensure that the organization is well managed and in a position to fulfill its mission. 2. The Board is responsible for the Commission's future. Strategic planning is a key board responsibility. Social, regulatory and economic changes mean that boards must anticipate and plan for what the future will bring. Once the board approves a strategic plan for the organization, it should monitor the progress the Executive Director makes toward meeting the plan's goals and objectives. Short-term operational planning is necessary to achieve your plan, and this is the administrator's responsibility. 3. The Board monitors and evaluates. You should monitor the Commission's performance in two key areas: financial health and progress toward the board's strategic, long-range plan. A board must monitor and evaluate bottom-line results. 4. The Board serves as an advocate. You are in a unique position to advocate. You're not being paid for your service, and you have a higher motive: service to the community at large. This gives you credibility, which is the key to any advocate's success. As an advocate, you might lobby state and federal lawmakers and funding sources, or communicate your organization's goals to constituents and the community.
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Policy-Making: Board or Management Decision?
How do you identify which member of the board team should manage an issue, the board or the executive director?
Setting policy is very different from managing the organization
Board policies answer the big-picture questions of what the Commission will do. The Executive Director implements the board's policies and determines how to carry out the board's policies. An example: Approving the Commission's annual budget is a board policy decision. That is a board responsibility. Spending within that board-approved budget is the Executive Director's job. By examining financial reports and the annual audit, the Board monitors the implementation of the budget it set.
The issue of personnel management causes more headaches and heartaches in the Board and Executive Director relationship than any other. It shouldn't be that way, because managing Commission staff is the Executive Director's job.
But if a staff member complains to several board members about being unfairly disciplined, should you get involved? First, determine if the issue is really a board issue or something the Executive Director should handle. Boards handle issues that: � Affect the entire organization (The administrator handles issues that affect individuals) � Dictate what the Commission will do--policy matters that is not established by the state (The administrator and staff determine how a policy is implemented) � Are required by law � Are requested by the Executive Director If it is a policy issue, the board should ask the Executive Director to research the issue then make recommendations to the Board. Finally, the Board makes its decision.
Board policy
Board members and Commission staff--including the Executive Director--come and go, but board policy lasts. A policy manual: � Provides consistency and fosters stability � Provides guidance for Board members and the Executive Director � Legitimize Board actions � Allows the Commission to operate efficiently � Provides the basis for a legal record
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Meeting the Board's Financial Responsibilities
You don't need to be a CPA, banker or financial wizard by trade. So how in the world are you supposed to understand complicated funding streams and monthly financial statements? You don't have to figure this all out by yourself. You're not responsible for figuring out where every penny has been spent--that's the Executive Director's responsibility. Your financial responsibility to the Commission is simply this: To oversee and monitor the financial health of the organization. Here are the four areas you are responsible for: 1. You set financial policy. This means that you determine the areas of the Commission spending. Your policy decisions will be based on the goals set during your planning sessions. 2. You help develop and approve the annual budget. Your budget is the financial blueprint for the Commission, based on the Board's broad financial policies. You must make sure there is enough money in the budget to deliver services and meet goals and objectives for the coming year. 3. You delegate implementation of financial policies to the Executive Director. It's the Executive Director's job to make all spending decisions within budget limits. 4. You monitor financial outcomes. Board members have always been haunted by financial worries. "Is spending being done appropriately? Will there be money to meet our obligations?" It's tempting to open up the books and seek answers. But that's not your job. Remember, you monitor results. Instead of trying to monitor every single purchase the Executive Director makes, pay attention to big-picture concerns by asking questions like these: � Are we on target with our planned expenses and revenues? � Are we financially solvent? � Will we have income to meet future expenses?
Know the financial figures you need to see
1. A basic financial statement. This should summarize revenues and expenses in a way that provides a good idea of the Commission's financial standing.
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2. Bottom-line figures. Rather than line-by-line explanations, ask the Executive Director to highlight bottom-line figures in the basic financial statement. Concentrate on total expenditures and revenues. 3. Historical figures for comparison. This will put the numbers into context for you. You'll want to review this month's figures and compare them to last month's, as well as the numbers from the same month last year. If the numbers are very different from what the board expects, start asking questions.
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Strategic Planning & Your Legacy
The current condition of the Commission depends on how well its previous boards have planned. And the future depends on how well your board plans. To plan for the Commission's future, every Board member should ask three planning questions: � � � What kind of future are we going to give the Commission? How can we plan for a healthy future? How can we anticipate problems before they happen?
A plan tells the Executive Director what areas to focus Commission actions on. To start the planning process, start with these four steps: 1. Review the Commission's history. The plan must be consistent with its mission and respect its past actions. 2. Do a survey to find the Commission's strengths and weaknesses. In what areas are the Commission doing well? Not so well? Consider issues such as mission, staffing, facilities, programs, public image, and funding. 3. Assess external conditions and obstacles to success/growth. Examine current demographics, social or cultural trends, new legislation, new leadership at any level, economic trends, funding patterns, and new developments concerning the Deaf and the Hard of Hearing. 4. Solicit community input. Prioritize Commission business through learning what the people want. Give all stakeholders the opportunity to weigh in their opinions as you chart the Commission's strategic direction.
Leaving a legacy
When you join the Board, you are in a position to make a mark on the Deaf and Hard of Hearing community. Your aim should be to leave the Board in a better position than it was when you started. That is your measure as a Board member... and the Commission and the public should be the better for your time on the Board.
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Executive Director Position Description
1. Fulfills Statutory Responsibilities. Acts as the chief executive officer of the Commission in carrying out its statutory responsibilities as the statewide coordinating agency in advocating, strengthening, and implementing state policies affecting Deaf and Hard of Hearing individuals, and their relationship to entities in all sectors. 2. Performs Strategic and Vision Planning. Carries out the appropriate directives of the Commission. Designs, develops, implements and monitors Commission projects and programs. Develops effective monitoring and evaluation procedures for new and ongoing programs. Directs strategic plans; conducts special studies; evaluates agency programs, resource management, and budget control. 3. Represents the Commission in Public. Represents the Commission when speaking to public and professional groups about the goals and activities of the Commission as well as issues related to deafness and hearing loss. Represents the Commission at legislative hearings. Meets with personnel from the Office of the Attorney General. Responds to inquires from the press, Legislature, Governor's Office, and members of the public. 4. Oversees Finances. Prepares and controls the Commission's annual budget; prepares funding proposals; prepares financial statements and submits financial reports to the Board. Works closely with the business manager in the preparation and control of the Commission's annual budget. Has signature authority for all financial documents. 5. Produces Reports. Produces annual reports and proposals to the Governor and Legislature on programs and progress; attends legislative sessions and speaks on behalf of the Commission and makes recommendations on funding and program concerns. Prepares for and attends Commission business/town hall meetings. Directs staff support and coordinates necessary follow-up procedures and documentations. Reviews complaints from the community and directs referrals to the appropriate agency. 6. Provides the Community with Resources. Establishes and maintains a registry of people in the state who are deaf. Encourages and assists with research into causes and prevention of hearing loss. Approves outreach efforts. Acts as a consultant to City, County, and State agencies on deafness and hearing loss. Acts as an expert witness on matters involving the Deaf and Hard of Hearing. 7. Determines Personnel. Supervises, hires, trains, and evaluates staff and assigns job tasks. Determines and provides appropriate educational opportunities for the staff.
Performance Management/Evaluation
The Executive Director position is an exempt position and is evaluated by the Board every January (see page 24 for evaluation procedures).
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Qualifications, Knowledge and Skills
� Has a Masters degree in deaf education, or counseling, or business administration and 5 years of experience as an administrator of programs or services directly for Deaf or Hard of Hearing individuals Possesses knowledge of rules, regulations, policies and procedures that pertain to the Commission and the constituents it serves, and of the Arizona Revised Statutes governing the Commission and the principles and practices of public administration Possesses knowledge of Deaf Culture and all methods of communications by people who are Deaf and Hard of Hearing, sign language, laws affecting persons who are deaf, and about other agencies/services for Deaf and Hard of Hearing issues Possesses strong writing, public relations, and public speaking skills Has knowledge of grantswriting for development of programs and projects Has knowledge of computers and software Is skilled in use of manual communication, i.e., American Sign Language
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Why Work with the Executive Director?
The Executive Director is a vital team member of the Board and should be treated accordingly. This means the Executive Director should participate in all Board discussions and activities. The Executive Director, however, is a non-voting member. That's why a Board should never meet without the Executive Director. These meetings, called closed sessions, destroy any sense of teamwork and violate the Open Meeting Law. Closed sessions serve no purpose as they can: � � � Destroy trust. Don't allow administrators to explain their actions. Lead to poor decision-making.
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Expectations from Both Sides
What should the Executive Director expect of Board members?
� � � � � � � � � Open and Honest Communication Provide counsel, advice, expertise, and insight into the local community Delegate responsibility for the implementation of policies to the Executive Director Refrain from managing administrative functions Understand Commission staff responsibilities Respect Commission's staff hierarchy Support the Executive Director Evaluate the Executive Director's performance annually Initiate strategic planning for the Commission's future
What should the Board members expect of the Executive Director?
� � � � � � � � � Open and honest communication Act as the Commission's professional advisor Interpret needs of the programs Recommend appropriate policies for Board consideration Implement Board policies Develop a budget and keep the Board informed on finances Recruit competent personnel, and develop and supervise them Be a visible presence in the community Provide the Board with professional judgment on strategic planning
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Who is Responsible for What?
Area Long-term goals (longer than a year) Short-term goals (less than a year) Day-to-day operations Budget Hiring of staff Staff assignments Firing of staff Staff grievances Personnel policies Staff salaries Staff evaluations Board Role Approves Monitors No role Approves & Monitors No role No role No role No role No role No role Evaluates only Executive Director Executive Director Role Recommends and provides input Establishes and implements Makes all decisions Develops and implements Approves all hiring Establishes Makes final termination decisions Grievances should stop with administrator Administers Makes determinations Evaluates staff
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Evaluating the Executive Director
Make it an annual event! Evaluate the Executive Director every January! There are many important reasons why the board should evaluate the Executive Director annually: It is in the best interests of the Commission. The Executive Director's annual evaluation is one time during the year when the Board can sit down and objectively assess how the Commission is performing. By evaluating the performance of the Executive Director and how the Commission is managed, the board assures itself about the Commission's ability to deliver its mission. An annual review of your Executive Director 's performance is a chance to look at performance and measure effectiveness. A Board should appraise its Executive Director's performance on bottom-line indicators such as these: � � � � � � The quality of the information and recommendations the administrator provides the board The financial health of the Commission Community support for the Commission Progress toward the Commission's strategic goals The Executive Director's success in achieving the goals set out in the previous evaluation How well the Executive Director fulfills the position's job responsibilities
Two Rules for Evaluating the Executive Director
1. Do it! Perform this great service to the group you represent.
2. Don't ask Commission staff to evaluate the Executive Director for the board. Staff
generally do not have the qualifications, and often use the opportunity to "vent" their frustrations, which often have nothing to do with the Executive Director's job performance.
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Board Meeting Procedures
1. The Board shall, in accordance with state open meeting laws, conduct no less than four (4) Business Meetings per fiscal year, three (3) which will be conducted in the community of residence of the majority of the Board membership, and one (1) which will be conducted in the community of residence of the minority membership. Videoconferencing is recognized as a viable option. A. Business Meetings will be held in January, July, May and November. 2. The Board shall conduct a minimum of one (1) town hall meeting per fiscal year. The purpose of the town hall meetings is to allow the public to address the
Commission.
A. Town hall meetings may begin with an abbreviated Business Meeting to allow the Board to address matters requiring their immediate action. B. Town hall meetings will, upon completion of the abbreviated Business Meeting, allow for comments from the public, in accordance with generally accepted public hearing protocol. All persons wishing to address the Commission may do so in writing or by a personal presentation at the time. The Chair of the Board shall determine time restraints on individual presentations, granting a minimum of three (3) minutes to each person. 3. All meetings, except Executive Sessions, are open to the public. Commission staff will be responsible for identifying meeting sites and informing members and the public in accordance with state open meeting laws.
Attendance
1. Board members will confirm with the designated administrative assistant with the Commission at least five (5) business days prior to the next Board meeting of their intention to attend or not. Board members are expected to attend all regular Board sessions and town hall meetings. Additional meetings will be scheduled if required by Commission Business. Board members who has accumulated three (3) unexcused absences from scheduled meetings of the full Board within a fiscal year or seven (7) unexcused absences during their three-year term will be asked to submit in writing their resignation from the Board to the Governor. Absences are determined to be excused or unexcused at the discretion of the Chair. 25
2.
3.
4.
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Elections
1. Elections shall be for only a two-year term. 2. Elections shall take place in the month of November. 3. Elections for the positions of Chair shall occur on odd years while elections for the Vice Chair shall occur on even years. 4. A three-member nominating committee shall be established by the Chair in a meeting prior to the November election. The nominating committee shall consist of one (1) member representing Deaf consumers, one (1) member representing Hard of Hearing consumer, and one (1) member representing any of the remaining consumer groups. 5. Members are required to have served on the Board for at least a year to be eligible for election to either the Chair or Vice Chair positions. 6. Upon an unscheduled vacancy of the Chair, the Vice Chair shall assume the position of the Chair for the remainder of the term. 7. In the event that there is a vacancy in the Vice Chair position, there shall be an immediate election to fill the position for the remainder of the term. 8. Officers shall take their elected seat in the following January.
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Running a Board Meeting
A short, productive meeting
Sound preparation is the most important thing a board member can do to make meetings more effective. Two weeks before the meeting, you will receive an agenda packet. Read it and all related materials carefully. If there is something you don't understand, contact the Executive Director before the board meeting for clarification.
Board meetings run according to the Open Meeting Law
The Open Meeting Law requires 24 hours' advance notice of agenda. The board's chairperson and executive director will put together a meeting agenda in advance of the meeting date. The agenda gives the board a clear plan of business for its meeting. You should receive the agenda in your pre-meeting packet. Asking that an item be placed on the meeting agenda at the last minute gives no one-- your board colleagues or the Executive Director--time to prepare. For the same reason, the category "Other Business" does not belong on a meeting agenda. It's not good decision-making to bring up important issues at the last minute. Send your agenda items and amendments to the Chair at least three (3) weeks prior to the Board meeting.
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Parliamentary Procedures at a Glance
To do this: Recess the meeting Complain about noise, room temperature, etc. Suspend further consideration of something End debate
You Say this:
May You Interrupt Speaker?
Must You be Seconded?
Is the Motion Debatable?
Is the Motion Amendable?
What Vote is Required?
"I move that we recess until..." "Point of privilege." "I move we table it."
No No No No No No No No No
Yes Yes Yes Yes Yes Yes Yes Yes Yes
No No1 No Yes Yes Yes Yes Yes No
Yes No No Yes Yes Yes Yes Yes Yes
Majority No vote required2 Majority 2/3 2/3 Majority, vote by speaker required Majority, vote by speaker required Majority Majority
"I call to the question." Postpone consideration "I move we of something postpone this matter until." Have something studied "I move we refer further this matter to a committee." Amend a motion "I move that this motion be amended by..." Introduce business (a "I move that..." primary motion) Adjourn the meeting "I move that we (before all business is adjourn." complete)3
1 2
In this case, any resulting motion is debatable. Chair decides. 3 These motions or points are listed in established order of precedence. When anyone of them is pending, you may not introduce another that's listed below it. But you may introduce another that's listed above it.
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Parliamentary Procedures (continued)
~
To do this:4
You Say this:
May You interrupt Speaker?
Must You be Seconded?
Is the Motion Debatable?
Is the Motion Amendable?
What Vote is Required?
Object to procedure or to a personal affront Request information Ask for a vote by actual count to verify a voice count Object to considering some undiplomatic or improper matter Take up a matter previously tabled Reconsider something already disposed of Consider something out of its scheduled order Vote on a ruling by the chairperson
"Point of order." Yes "Point of information." "I call for a division of the house." "I object to consideration of this question." "I move we take from the table..." "I move we now (or later) reconsider our action relative to..." "I move we suspend the rules and consider..." "I appeal the chairperson's decision." If urgent, Yes No 5 Yes No Yes No Yes No No No No Yes Yes Yes Yes No No No No No Yes if original motion is debatable No Yes No No No No No No No No
No vote needed, Chair decides No vote needed, Chair decides No vote required unless someone objects6 2/3 Majority Majority
2/3 Majority in the negative required to reverse chair's decision
The motions, point and proposals have no established order of precedence. Any of them may be introduced at any time except when the meeting is considering one of the top three matters listed in the chart (motion to adjourn, motion to recess, point of privilege).
5 6
4
But division must be called for before another motion is started. Then majority vote is required.
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Open Meeting Law
A.R.S. �38-401 � 38-431.09 Article 3.1 38-431 38-431.01 38-431.02 38-431.03 38-431.04 38-431.05 38-431.06 38-431.07 38-431.08 38-431.09 Public Meetings and Proceedings Definitions (p. 30) Meetings shall be open to the public (p. 31) Notice of meetings (p. 32) Executive sessions (p. 33) Writ of mandamus (p. 35) Meeting held in violation of article; business transacted null and void; ratification (p. 35) Investigations; written investigative demands (p. 35) Violations; enforcement; removal from office; in camera review (p. 36) Exceptions; limitation (p. 37) Declaration of public policy (p. 38)
38-431. Definitions In this article, unless the context otherwise requires: 1. "Advisory committee" means a committee that is officially established, upon motion and order of a public body or by the presiding officer of the public body, and whose members have been appointed for the specific purpose of making a recommendation concerning a decision to be made or considered or a course of conduct to be taken or considered by the public body. 2. "Executive session" means a gathering of a quorum of members of a public body from which the public is excluded for one or more of the reasons prescribed in section 38-431.03. In addition to the members of the public body, officers, appointees and employees as provided in section 38-431.03 and the auditor general as provided in section 41-1279.04, only individuals whose presence is reasonably necessary in order for the public body to carry out its executive session responsibilities may attend the executive session. 3. "Legal action" means a collective decision, commitment or promise made by a public body pursuant to the constitution, the public body's charter, bylaws or specified scope of appointment and the laws of this state. 4. "Meeting" means the gathering, in person or through technological devices, of a quorum of members of a public body at which they discuss, propose or take legal action, including any deliberations by a quorum with respect to such action. 5. "Political subdivision" means all political subdivisions of this state, including without limitation all counties, cities and towns, school districts and special districts. 6. "Public body" means the legislature, all boards and commissions of this state or political subdivisions, all multimember governing bodies of departments, agencies, institutions and
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instrumentalities of the state or political subdivisions, including without limitation all corporations and other instrumentalities whose boards of directors are appointed or elected by the state or political subdivision. Public body includes all quasi-judicial bodies and all standing, special or advisory committees or subcommittees of, or appointed by, such public body. 7. "Quasi-judicial body" means a public body, other than a court of law, possessing the power to hold hearings on disputed matters between a private person and a public agency and to make decisions in the general manner of a court regarding such disputed claims. 38-431.01. Meetings shall be open to the public A. All meetings of any public body shall be public meetings and all persons so desiring shall be permitted to attend and listen to the deliberations and proceedings. All legal action of public bodies shall occur during a public meeting. B. All public bodies, except for subcommittees and advisory committees, shall provide for the taking of written minutes or a recording of all their meetings, including executive sessions. For meetings other than executive sessions, such minutes or recording shall include, but not be limited to: 1. The date, time and place of the meeting. 2. The members of the public body recorded as either present or absent. 3. A general description of the matters considered. 4. An accurate description of all legal actions proposed, discussed or taken, and the names of members who propose each motion. The minutes shall also include the names of the persons, as given, making statements or presenting material to the public body and a reference to the legal action about which they made statements or presented material. C. Minutes of executive sessions shall include items set forth in subsection B, paragraphs 1, 2 and 3 of this section, an accurate description of all instructions given pursuant to section 38-431.03, subsection A, paragraphs 4, 5 and 7 and such other matters as may be deemed appropriate by the public body. D. The minutes or a recording shall be open to public inspection three working days after the meeting except as otherwise specifically provided by this article. E. All or any part of a public meeting of a public body may be recorded by any person in attendance by means of a tape recorder, camera or other means of sonic reproduction, provided that there is no active interference with the conduct of the meeting. F. The secretary of state for state public bodies, the city or town clerk for municipal public bodies and the county clerk for all other local public bodies shall distribute open meeting law materials prepared and approved by the attorney general to a person elected or appointed to a public body prior to the day that person takes office. G. A public body may make an open call to the public during a public meeting, subject to reasonable time, place and manner restrictions, to allow individuals to address the public body on any issue within the jurisdiction of the public body. At the conclusion of an open call to the
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public, individual members of the public body may respond to criticism made by those who have addressed the public body, may ask staff to review a matter or may ask that a matter be put on a future agenda. However, members of the public body shall not discuss or take legal action on matters raised during an open call to the public unless the matters are properly noticed for discussion and legal action. H. A member of a public body shall not knowingly direct any staff member to communicate in violation of this article. 38-431.02. Notice of meetings A. Public notice of all meetings of public bodies shall be given as follows: 1. The public bodies of the state shall file a statement with the secretary of state stating where all public notices of their meetings will be posted and shall give such additional public notice as is reasonable and practicable as to all meetings. 2. The public bodies of the counties, school districts and other special districts shall file a statement with the clerk of the board of supervisors stating where all public notices of their meetings will be posted and shall give such additional public notice as is reasonable and practicable as to all meetings. 3. The public bodies of the cities and towns shall file a statement with the city clerk or mayor's office stating where all public notices of their meetings will be posted and shall give such additional public notice as is reasonable and practicable as to all meetings. B. If an executive session will be held, the notice shall be given to the members of the public body, and to the general public, stating the specific provision of law authorizing the executive session. C. Except as provided in subsections D and E, meetings shall not be held without at least twentyfour hours' notice to the members of the public body and to the general public. D. In case of an actual emergency, a meeting, including an executive session, may be held upon such notice as is appropriate to the circumstances. If this subsection is utilized for conduct of an emergency session or the consideration of an emergency measure at a previously scheduled meeting the public body must post a public notice within twenty-four hours declaring that an emergency session has been held and setting forth the information required in subsections H and I. E. A meeting may be recessed and resumed with less than twenty-four hours' notice if public notice of the initial session of the meeting is given as required in subsection A, and if, prior to recessing, notice is publicly given as to the time and place of the resumption of the meeting or the method by which notice shall be publicly given. F. A public body which intends to meet for a specified calendar period, on a regular day, date or event during such calendar period, and at a regular place and time, may post public notice of such meetings at the beginning of such period. Such notice shall specify the period for which notice is applicable.
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G. Notice required under this section shall include an agenda of the matters to be discussed or decided at the meeting or information on how the public may obtain a copy of such an agenda. The agenda must be available to the public at least twenty-four hours prior to the meeting, except in the case of an actual emergency under subsection D. H. Agendas required under this section shall list the specific matters to be discussed, considered or decided at the meeting. The public body may discuss, consider or make decisions only on matters listed on the agenda and other matters related thereto. I. Notwithstanding the other provisions of this section, notice of executive sessions shall be required to include only a general description of the matters to be considered. Such agenda shall provide more than just a recital of the statutory provisions authorizing the executive session, but need not contain information that would defeat the purpose of the executive session, compromise the legitimate privacy interests of a public officer, appointee or employee, or compromise the attorney-client privilege. J. Notwithstanding subsections H and I, in the case of an actual emergency a matter may be discussed and considered and, at public meetings, decided, where the matter was not listed on the agenda provided that a statement setting forth the reasons necessitating such discussion, consideration or decision is placed in the minutes of the meeting and is publicly announced at the public meeting. In the case of an executive session, the reason for consideration of the emergency measure shall be announced publicly immediately prior to the executive session. K. Notwithstanding subsection H, the chief administrator or presiding officer of a public body may present a brief summary of current events without listing in the agenda the specific matters to be summarized, provided that: 1. The summary is listed on the agenda. 2. The public body does not propose, discuss, deliberate or take legal action at that meeting on any matter in the summary unless the specific matter is properly noticed for legal action.
38-431.03. Executive sessions
A. Upon a public majority vote of the members constituting a quorum, a public body may hold an executive session but only for the following purposes: 1. Discussion or consideration of employment, assignment, appointment, promotion, demotion, dismissal, salaries, disciplining or resignation of a public officer, appointee or employee of any public body, except that, with the exception of salary discussions, an officer, appointee or employee may demand that the discussion or consideration occur at a public meeting. The public body shall provide the officer, appointee or employee with written notice of the executive session as is appropriate but not less than twenty-four hours for the officer, appointee or employee to determine whether the discussion or consideration should occur at a public meeting. 2. Discussion or consideration of records exempt by law from public inspection, including the receipt and discussion of information or testimony that is specifically required to be maintained as confidential by state or federal law. 3. Discussion or consultation for legal advice with the attorney or attorneys of the public body.
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4. Discussion or consultation with the attorneys of the public body in order to consider its position and instruct its attorneys regarding the public body's position regarding contracts that are the subject of negotiations, in pending or contemplated litigation or in settlement discussions conducted in order to avoid or resolve litigation. 5. Discussions or consultations with designated representatives of the public body in order to consider its position and instruct its representatives regarding negotiations with employee organizations regarding the salaries, salary schedules or compensation paid in the form of fringe benefits of employees of the public body. 6. Discussion, consultation or consideration for international and interstate negotiations or for negotiations by a city or town, or its designated representatives, with members of a tribal council, or its designated representatives, of an Indian reservation located within or adjacent to the city or town. 7. Discussions or consultations with designated representatives of the public body in order to consider its position and instruct its representatives regarding negotiations for the purchase, sale or lease of real property. B. Minutes of and discussions made at executive sessions shall be kept confidential except from: 1. Members of the public body which met in executive session. 2. Officers, appointees or employees who were the subject of discussion or consideration pursuant to subsection A, paragraph 1 of this section. 3. The auditor general on a request made in connection with an audit authorized as provided by law. 4. A county attorney or the attorney general when investigating alleged violations of this article. C. The public body shall instruct persons who are present at the executive session regarding the confidentiality requirements of this article. D. Legal action involving a final vote or decision shall not be taken at an executive session, except that the public body may instruct its attorneys or representatives as provided in subsection A, paragraphs 4, 5 and 7 of this section. A public vote shall be taken before any legal action binds the public body. E. Except as provided in section 38-431.02, subsections I and J, a public body shall not discuss any matter in an executive session which is not described in the notice of the executive session. F. Disclosure of executive session information pursuant to this section or section 38-431.06 does not constitute a waiver of any privilege, including the attorney-client privilege. Any person receiving executive session information pursuant to this section or section 38-431.06 shall not disclose that information except to the attorney general or county attorney, by agreement with the public body or to a court in camera for purposes of enforcing this article. Any court that reviews executive session information shall take appropriate action to protect privileged information.
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38-431.04. Writ of mandamus Where the provisions of this article are not complied with, a court of competent jurisdiction may issue a writ of mandamus requiring that a meeting be open to the public. 38-431.05. Meeting held in violation of article; business transacted null and void; ratification A. All legal action transacted by any public body during a meeting held in violation of any provision of this article is null and void except as provided in subsection B. B. A public body may ratify legal action taken in violation of this article in accordance with the following requirements: 1. Ratification shall take place at a public meeting within thirty days after discovery of the violation or after such discovery should have been made by the exercise of reasonable diligence. 2. The notice for the meeting shall include a description of the action to be ratified, a clear statement that the public body proposes to ratify a prior action and information on how the public may obtain a detailed written description of the action to be ratified. 3. The public body shall make available to the public a detailed written description of the action to be ratified and all deliberations, consultations and decisions by members of the public body that preceded and related to such action. The written description shall also be included as part of the minutes of the meeting at which ratification is taken. 4. The public body shall make available to the public the notice and detailed written description required by this section at least seventy-two hours in advance of the public meeting at which the ratification is taken. 38-431.06. Investigations; written investigative demands A. On receipt of a written complaint signed by a complainant alleging a violation of this article or on their own initiative, the attorney general or the county attorney for the county in which the alleged violation occurred may begin an investigation. B. In addition to other powers conferred by this article, in order to carry out the duties prescribed in this article, the attorney general or the county attorney for the county in which the alleged violation occurred, or their designees, may: 1. Issue written investigative demands to any person. 2. Administer an oath or affirmation to any person for testimony. 3. Examine under oath any person in connection with the investigation of the alleged violation of this article. 4. Examine by means of inspecting, studying or copying any account, book, computer, document, minutes, paper, recording or record.
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5. Require any person to file on prescribed forms a statement or report in writing and under oath of all the facts and circumstances requested by the attorney general or county attorney. C. The written investigative demand shall: 1. Be served on the person in the manner required for service of process in this state or by certified mail, return receipt requested. 2. Describe the class or classes of documents or objects with sufficient definiteness to permit them to be fairly identified. 3. Prescribe a reasonable time at which the person shall appear to testify and within which the document or object shall be produced and advise the person that objections to or reasons for not complying with the demand may be filed with the attorney general or county attorney on or before that time. 4. Specify a place for the taking of testimony or for production of a document or object and designate a person who shall be the custodian of the document or object. D. If a person objects to or otherwise fails to comply with the written investigation demand served on the person pursuant to subsection C, the attorney general or county attorney may file an action in the superior court for an order to enforce the demand. Venue for the action to enforce the demand shall be in Maricopa county or in the county in which the alleged violation occurred. Notice of hearing the action to enforce the demand and a copy of the action shall be served on the person in the same manner as that prescribed in the Arizona rules of civil procedure. If a court finds that the demand is proper, including that the compliance will not violate a privilege and that there is not a conflict of interest on the part of the attorney general or county attorney, that there is reasonable cause to believe there may have been a violation of this article and that the information sought or document or object demanded is relevant to the violation, the court shall order the person to comply with the demand, subject to modifications the court may prescribe. If the person fails to comply with the court's order, the court may issue any of the following orders until the person complies with the order: 1. Adjudging the person in contempt of court. 2. Granting injunctive relief against the person to whom the demand is issued to restrain the conduct that is the subject of the investigation. 3. Granting other relief the court deems proper. 38-431.07. Violations; enforcement; removal from office; in camera review A. Any person affected by an alleged violation of this article, the attorney general or the county attorney for the county in which an alleged violation of this article occurred may commence a suit in the superior court in the county in which the public body ordinarily meets, for the purpose of requiring compliance with, or the prevention of violations of, this article, by members of the public body, or to determine the applicability of this article to matters or legal actions of the public body. For each violation the court may impose a civil penalty not to exceed five hundred dollars against a person who violates this article or who knowingly aids, agrees to aid or attempts to aid another person in violating this article and order such equitable relief as it deems appropriate in the circumstances. The civil penalties awarded pursuant to this section shall be
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deposited into the general fund of the public body concerned. The court may also order payment to a successful plaintiff in a suit brought under this section of the plaintiff's reasonable attorney fees, by the defendant state, the political subdivision of the state or the incorporated city or town of which the public body is a part or to which it reports. If the court determines that a public officer with intent to deprive the public of information violated any provision of this article the court may remove the public officer from office and shall assess the public officer or a person who knowingly aided, agreed to aid or attempted to aid the public officer in violating this article, or both, with all of the costs and attorney fees awarded to the plaintiff pursuant to this section. B. A public body shall not expend public monies to employ or retain legal counsel to provide legal services or representation to the public body or any of its officers in any legal action commenced pursuant to any provisions of this article, unless the public body has authority to make such expenditure pursuant to other provisions of law and takes a legal action at a properly noticed open meeting approving such expenditure prior to incurring any such obligation or indebtedness. C. In any action brought pursuant to this section challenging the validity of an executive session, the court may review in camera the minutes of the executive session, and if the court in its discretion determines that the minutes are relevant and that justice so demands, the court may disclose to the parties or admit in evidence part or all of the minutes. 38-431.08. Exceptions; limitation A. This article does not apply to: 1. Any judicial proceeding of any court or any political caucus of the legislature. 2. Any conference committee of the legislature, except that all such meetings shall be open to the public. 3. The commissions on appellate and trial court appointments and the commission on judicial qualifications. 4. Good cause exception determinations and hearings conducted by the board of fingerprinting pursuant to section 41-619.55. B. A hearing held within a prison facility by the board of executive clemency is subject to this article, except that the director of the state department of corrections may: 1. Prohibit, on written findings that are made public within five days of so finding, any person from attending a hearing whose attendance would constitute a serious threat to the life or physical safety of any person or to the safe, secure and orderly operation of the prison. 2. Require a person who attends a hearing to sign an attendance log. If the person is over sixteen years of age, the person shall produce photographic identification which verifies the person's signature. 3. Prevent and prohibit any articles from being taken into a hearing except recording devices, and if the person who attends a hearing is a member of the media, cameras.
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4. Require that a person who attends a hearing submit to a reasonable search on entering the facility. C. The exclusive remedies available to any person who is denied attendance at or removed from a hearing by the director of the state department of corrections in violation of this section shall be those remedies available in section 38-431.07, as against the director only. D. Either house of the legislature may adopt a rule or procedure pursuant to article IV, part 2, section 8, Constitution of Arizona, to provide an exemption to the notice and agenda requirements of this article or to allow standing or conference committees to meet through technological devices rather than only in person. 38-431.09. Declaration of public policy It is the public policy of this state that meetings of public bodies be conducted openly and that notices and agendas be provided for such meetings which contain such information as is reasonably necessary to inform the public of the matters to be discussed or decided. Toward this end, any person or entity charged with the interpretations of this article shall construe any provision of this article in favor of open and public meetings.
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Public Representation of the Commission
All representations made to the Arizona State Legislature, city municipalities, and the U.S. Congress by Commission members must be either an approved position of the Commission or clearly identified as personal opinion.
A.
It is the responsibility of the Executive Director to inform the Board, in a timely manner and in writing, of legislation, rules or regulations promulgated by the State Legislature, the Governor, or any state agency or entity affecting issues of concern to Deaf and Hard of Hearing persons. The Executive Director and Board members, when asked by such political entities and elected officials, shall express only the position of the Commission on issues where the Board has, by a vote in open meeting, taken a position on these particular issues.
B.
1. All Commission members, when offering personal opinions, will mention
whether the Commission has taken a formal position of the particular issue or not.
2. All Commission staff, when offering personal opinions, will give the
Commission's position on the same occasion.
3. It shall be the responsibility of the Executive Director to provide the Board with
copies of personal opinions written by Commission members and delivered to any officials or appointed staff.
C.
As a State Agency, this policy does not prohibit the Executive Director and Commission staff from providing information, data, and other resource materials to members of the public and governmental offices. The Executive Director will issue to Board members any and all printed information regarding newly introduced bills and provide copies of the bills before the State Legislature and other governmental bodies, including the U.S. Congress, that address issues of concern in the Deaf and Hard of Hearing community immediately.
D.
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Travel Reimbursement
In accordance with A.R.S. �36-1941 E, "Members of the Commission shall receive no compensation but shall be reimbursed for expenses pursuant to Title 38, Chapter 4, Article 2." The following policy was made effective by the Board on January 30, 1991, and shall be administered by the Executive Director. 1. Board members shall be reimbursed in accordance with current Department of Administration rates for transportation, meals, and lodging for: A. B. C. 2. Business and town hall meetings called by the Chair of the Board Special meetings called by the Chair Subcommittee meetings held pursuant to current Arizona Open Meeting Laws
Board Members requesting reimbursement for travel, lodging, and meals to attend meetings other than those listed above shall request prior authorization for such reimbursement from the Executive Director. The Executive Director, in compliance with A.R.S. �38-4, shall be the final approving authority to determine authorization for travel submitted by Board Members who wish to attend meetings other than those specifically called by the Chair or coordinated by the Commission staff. The Executive Director shall reference A.R.S. �38-4 and, in order to determine feasibility for reimbursement, require that all three of the following are met: A. B. C. The purpose of attending the meeting is to represent the Commission The meeting addresses issues directly related to Commission business There are sufficient agency funds available
3.
4.
Please refer to the current state travel reimbursement form. If a copy is not provided here, you can request one from the Business Manager.
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Writing a Position Paper
The criteria for any position paper being brought to the attention of the Board is: � The name of the author(s)/organization(s) taking the position must be disclosed � Contact information for the author(s)/organization(s) taking the position must be provided Position papers containing hearsay or unsubstantiated claims will be rejected. The following outline can be used to guide small committees or individuals through writing up recommendations to present to the Board. I. Statement of Problem This should be a concise description of the problem, i.e. "City Hall has no loop system "or" County Attorney's Office refuses to pay for interpreters". Background This section should describe specifically who, what, and where the problem is and its negative impact. Names, telephone numbers, and any written correspondence relating to the problem should be mentioned and attached. Research and information Possible Solutions This section should explain, in brief sentences, the most effective solution(s) or means to address the problem. Statement of Position and Recommendations
II.
III. IV.
V.
NOTE: To be included on the agenda, the position paper must be submitted to the Executive Director three (3) weeks prior to the Board meeting.
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Risk Management
As a Board member, your obligation is to act in good faith and in the best interests of the organization. You should know whether your Commission's policies are up-to-date and in compliance with non-discrimination and employment laws. Here are a few rules for managing your liability as a Board member*: Attend meetings and pay attention. Be an active participant. Liability comes from negligence or not doing the job as it should be done. That's why your meeting attendance is crucial. You can be held responsible for Board actions taken even in your absence. � Keep minutes for all Board meetings. � Review meeting minutes for accuracy and register--in writing--any disagreements � Keep minutes for all committee meetings as well � Pay attention to financial reports � Be sure that you have accurate and correct information, and understand issues before making decisions Know and follow your policies and governing documents. The Board should have two sets of policies--one governing the Board and its operations and the other providing direction for the Commission. Failure to abide by Board policy or applying it inconsistently are common sources of litigation. � Review Board policies each year and update them to reflect new laws � Be sure that meetings are announced, that meetings are held regularly, and that Board members are appointed properly Know the laws that apply to the Commission. Many state and federal equal employment regulations affect Commission personnel policies, especially those that relate to staff hiring and firing, family and medical leave, and accommodations for the disabled. State and federal laws also limit lobbying and political activity by the Commission. Take the time to review and understand these limitations. Review the executive director's performance each year. That's how you can help determine how well the organization is meeting its mission. Avoid conflicts of interest. Board members who benefit financially from a Board decision should be able to prove that the decision was made in good faith. Request counsel when necessary. Seek an attorney's opinion for questions of law. Use auditors, accountants and other professionals to make sure your Board is making good decisions. Ask the Commission's attorney to discuss Board liability with the Board.
*
A.R.S. �41-621 offers the Board full coverage for liability and casualty occurrences, so long as the Board performs within the course and scope of their duties.
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Article 3.1 41-621 41-621.01
Risk Management Purchase of Insurance; coverage; limitations; exclusions; definitions (p. 43) Contractors or subcontractors; pooling of property, liability and workers' compensation coverage; exemptions; board of trustees; contract; termination; audit; insolvency (p. 48)
CHAPTER 3.1 - RISK MANAGEMENT Article 1 - Insurance; Uninsured Losses
41-621. Purchase of insurance; coverage; limitations; exclusions; definitions A. The department of administration shall obtain insurance against loss, to the extent it is determined necessary and in the best interests of the state as provided in subsection F of this section, on the following: 1. All state owned buildings, including those of the universities, excluding buildings of community colleges, whether financed in whole or in part by state monies or buildings in which the state has an insurable interest as determined by the department of administration. 2. Contents in any buildings owned, leased or rented, in whole or in part, by or to the state, excluding buildings of community colleges, and reported to the department of administration. 3. The state and its departments, agencies, boards and commissions and all officers, agents and employees thereof and such others as may be necessary to accomplish the functions or business of the state and its departments, agencies, boards and commissions against liability for acts or omissions of any nature while acting in authorized governmental or proprietary capacities and in the course and scope of employment or authorization except as prescribed by this chapter. 4. All personal property reported to the department of administration, including vehicles and aircraft owned by the state and its departments, agencies, boards and commissions and all nonowned personal property which is under the clear responsibility of this state because of written leases or other written agreements. 5. The state and its departments, agencies, boards and commissions against casualty, use and occupancy and liability losses of every nature except as prescribed by this chapter. 6. Workers' compensation and employers' liability insurance. 7. Design and construction of buildings, roads, environmental remediations and other construction projects. 8. Other exposures to loss where insurance may be required to protect this state and its departments, agencies, boards and commissions and all officers, agents and employees acting in the course and scope of employment or authorization except as prescribed by this chapter.
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B. To the extent it is determined necessary and in the best interests of the state, the department of administration shall obtain insurance or provide for state self-insurance against property damage caused by clients and liability coverage resulting from, the direct or incidental care of clients participating in programs of the state and its departments, agencies, boards or commissions relating to custodial care. The insurable programs shall include foster care, programs for the developmentally disabled, an independent living program pursuant to section 8-521 and respitesitter service programs. The department shall obtain insurance or provide for state self-insurance pursuant to this subsection to protect the clients participating in these programs and individual providers of these program services on behalf of the state and its departments, agencies, boards or commissions. The insurance provided under this subsection does not include medical or workers' compensation coverage for providers. The department may include in its annual budget request pursuant to section 41-622, subsection D a charge for the insurance or self-insurance provided in this subsection. To assist in carrying out the provisions of this subsection, the department shall establish a seven member advisory board in accordance with the following provisions: 1. The board shall consist of three members appointed by the director of the department of administration, at least one of whom shall be a foster parent, two members appointed by the director of the department of economic security, one member appointed by the director of the state department of corrections, and one member appointed by the administrative director of the courts. 2. The board shall elect a chairman from among its members. 3. The board shall hold at least two meetings a year or shall meet at the call of the chairman. 4. Board members shall serve for three year terms. 5. Board members are not eligible to receive compensation but are eligible for reimbursement of expenses pursuant to title 38, chapter 4, article 2. 6. The board shall provide advice to the department regarding coverage and administration of the provisions of this subsection and shall assist the department in coordinating its activities pursuant to this subsection with state departments, agencies, boards and commissions. C. The department of administration may obtain insurance against loss, to the extent it is determined necessary and in the best interests of the state as provided in subsection F of this section for the professional liability of individual physicians and psychiatrists who provide services under a contract with the state department of corrections. Coverage is limited to acts and omissions committed inside a state department of corrections facility while in the performance of the contract and to individual physicians and psychiatrists who demonstrate to the satisfaction of the state department of corrections that they cannot otherwise obtain professional liability coverage for the services required by the contract. The director of the department of administration may impose on the state department of corrections a deductible of not more than ten thousand dollars per loss that arises out of a professional liability claim pursuant to this subsection. Deductible amounts established by the director shall be subject to annual review by the joint legislative budget committee. D. The department of administration may obtain property, liability, disability or workers' compensation insurance, self-insure or develop risk retention pools to provide for payment of property loss or casualty claims or disability insurance claims against contractors of this state with the approval of the joint legislative budget committee. With respect to insurance, self-
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insurance or risk retention pools for contractors licensed and contracted to do work for this state, the coverage afforded applies with respect to the conduct of the business entity of that contractor. The pool is available to all contractors regardless of the amount that the state contracted work bears in relation to the amount of nonstate contracted work. The contractor shall be terminated from the pool if the contractor ceases to be a state contractor. E. The department of administration may determine, in the best interests of the state, that state self-insurance is necessary or desirable and, if that decision is made, shall provide for state selfinsurance for losses arising out of state property, liability or workers' compensation claims prescribed by subsection A of this section. If the department of administration provides state selfinsurance, such coverage shall be excess over any other valid and collectible insurance. The director of the department of administration may impose on state departments, agencies, boards and commissions a deductible of not more than ten thousand dollars per loss that arises out of a property, liability or workers' compensation loss pursuant to this subsection. Deductible amounts established by the director shall be subject to annual review by the joint legislative budget committee. F. In carrying out the provisions of this chapter, the department of administration shall establish and provide the state with some or all of the necessary risk management services, or shall contract for risk management services pursuant to chapter 23 of this title, as the director of the department of administration deems necessary in the best interest of the state, and may, in addition to other specifications of such coverage as deemed necessary, determine self-insurance to be established. The provisions of chapter 23 of this title shall not apply to the department of administration's procurement of insurance to cover losses arising out of state property or liability claims prescribed in subsections A and D of this section or excess loss insurance for the state's workers' compensation liability for individual or aggregate claims, or both, in such amounts and at such primary retention levels as the department of administration deems in the best interest of the state. In purchasing insurance to cover losses arising out of state property or liability claims prescribed by subsection A of this section, the department of administration is not subject to the provisions of title 20, chapter 2, article 5. G. No successful bidder for risk management services pursuant to this section shall be entitled to receive directly or indirectly any sales commission, contingent commission, excess profit commission, or other commissions, or anything of value, as payment for the risk management services except those amounts received directly from this state as payment for the risk management services. H. The department of administration shall pay for purchased risk management services, premiums for insurance on state property and state liability and workers' compensation pursuant to the provisions of this chapter. I. A state officer, agent or employee acting in good faith, without wanton disregard of his statutory duties and under the authority of an enactment that is subsequently declared to be unconstitutional, invalid or inapplicable is not personally liable for an injury or damage caused thereby except to the extent that he would have been personally liable had the enactment been constitutional, valid and applicable. J. A state officer, agent or employee, except as otherwise provided by statute, is not personally liable for an injury or damage resulting from his act or omission in a public official capacity where the act or omission was the result of the exercise of the discretion vested in him if the exercise of the discretion was done in good faith without wanton disregard of his statutory duties.
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K. The state and its departments, agencies, boards and commissions are immune from liability for losses arising out of a judgment for willful and wanton conduct resulting in punitive or exemplary damages. L. The following exclusions shall apply to subsections A, B and E of this section: 1. Losses against this state and its departments, agencies, boards and commissions that arise out of and are directly attributable to an act or omission determined by a court to be a felony by a person who is provided coverage pursuant to this article unless the state knew of the person's propensity for that action, except those acts arising out of the operation or use of a motor vehicle. 2. Losses arising out of contractual breaches. M. If self-insurance coverage is determined to exist, the attorney general, with funds provided by the department of administration, shall provide for the defense, either through his office or by appointment of outside legal counsel, of the state and its departments, agencies, boards and commissions and all officers, agents and employees thereof and such others as are insured by the department of administration for or on account of their acts or omissions covered pursuant to this chapter. All state departments, agencies, boards and commissions, all officers, agents and employees thereof and such others as are insured by the department of administration shall cooperate fully with the attorney general and department of administration in the defense of claims arising pursuant to this chapter. N. A claim for liability damages made pursuant to this chapter may be settled and payment made up to the amount of twenty-five thousand dollars or such higher limit as may be established by the joint legislative budget committee with the approval of the director of the department of administration. A claim over the amount of twenty-five thousand dollars up to fifty thousand dollars or such higher limit as may be established by the joint legislative budget committee may be settled and payment made with the approval of the director of the department of administration and the attorney general. Any claim over the amount of fifty thousand dollars or such higher limit as may be established by the joint legislative budget committee may be settled and payment made with the approval of the director of the department of administration, the attorney general and the joint legislative budget committee. If it is in the best interest of this state, the joint legislative budget committee may establish higher settlement limits. Any settlements involving amounts in excess of fifty thousand dollars or such higher limit as may be established by the joint legislative budget committee shall be approved by the department of administration, the attorney general and the joint legislative budget committee pursuant to the authority granted. The settlement of liability claims shall be solely the authority of the department of administration, the attorney general and the joint legislative budget committee. No state department, agency, board or commission or any officer, agent or employee of this state may voluntarily make any payment, assume any obligation, incur any expense or maintain the individual right of consent for liability claims made pursuant to this chapter except as provided by this section. O. Neither the authority provided by this section to insure, nor the exercise of such authority, shall: 1. Impose any liability on this state or the departments, agencies, boards and commissions or any officers, agents and employees of this state unless such liability otherwise exists.
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2. Impair any defense this state or the departments, agencies, boards and commissions or any officers, agents and employees of this state otherwise may have. P. The department of administration shall pay, on behalf of any state officer, agent or employee, any damages, excluding punitive damages, for which the officer, agent or employee becomes legally responsible if the acts or omissions resulting in liability were within the officer's, agent's or employee's course and scope of employment. The department of administration may pay for all damages however designated which the officer, agent or employee becomes legally responsible for if the acts or omissions resulting in liability are determined by the director of the department of administration to be within the person's course and scope of employment. Q. The department of administration shall adopt such rules as are deemed necessary to carry out, implement and limit the provisions of this chapter. R. For purposes of determining whether a state officer, agent or employee is entitled to coverage under this chapter, "within the course and scope of employment or authorization" means: 1. The acts or omissions that the state officer, agent or employee is employed or authorized to perform. 2. The acts or omissions of the state officer, agent or employee occur substantially within the authorized time and space limit. 3. The acts or omissions are activated at least in part by a purpose to serve this state or its departments, agencies, boards or commissions. S. To the extent it is determined necessary and in the best interest of this state, the department of administration may obtain design and construction insurance or provide for self-insurance against property damage caused by this state, its departments, agencies, boards and commissions and all officers and employees of this state in connection with the construction of public works projects. Workers' compensation liability insurance may be purchased to cover both general contractors and subcontractors doing work on a specific contracted work site. The department may include in its annual budget request, pursuant to section 41-622, subsection D, the cost of the insurance purchased or provided. In connection with the construction of public works projects, the department of administration may also use an owner-controlled or wrap-up insurance program if all of the following conditions are met: 1. The total cost of the project is over fifty million dollars. 2. The program maintains completed operations coverage for a term during which coverage is reasonably commercially available as determined by the director of the department of insurance, but in no event for less than three years. 3. Bid specifications clearly specify for all bidders the insurance coverage provided under the program and the minimum safety requirements that shall be met. 4. The program does not prohibit a contractor or subcontractor from purchasing any additional insurance coverage that a contractor believes is necessary for protection from any liability arising out of the contract. The cost of the additional insurance shall not be passed through to this state on a contract bid.
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5. The program does not include surety insurance. 6. The state may purchase an owner-controlled or wrap-up policy that has a deductible or selfinsured retention as long as the deductible or self-insured retention does not exceed one million dollars. T. For purposes of subsection S of this section: 1. "Owner-controlled or wrap-up insurance" means a series of insurance policies issued to cover this state and all of the contractors, subcontractors, architects and engineers on a specified contracted work site for purposes of general liability, property damage and workers' compensation. 2. "Specific contracted work site" means construction being performed at one site or a series of contiguous sites separated only by a street, roadway, waterway or railroad right-of-way, or along a continuous system for the provision of water and power. 41-621.01. Contractors or subcontractors; pooling of property, liability and workers' compensation coverage; exemptions; board of trustees; contract; termination; audit; insolvency A. Pursuant to section 41-621, subsection D and section 41-622.01 two or more contractors or subcontractors licensed to do work for this state or any political subdivision of this state may with the approval of the department of administration enter into contracts or agreements pursuant to this section for the joint purchase of insurance, to pool retention of their risks for property and liability losses and to provide for the payment of the property loss or claim of liability made against any member of the pool on a cooperative or contract basis with one another or may jointly form a Commission corporation or enter into a trust agreement to carry out the provisions of this section in their behalf directly or by contract with a private party, if the department of administration has determined to sanction such a pool. Two or more contractors may enter into contracts or agreements pursuant to this section to establish a separate workers' compensation pool to provide for the payment of workers' compensation claims pursuant to title 23, chapter 6 on a cooperative or contract basis with one another or may jointly form a Commission corporation or enter into a trust agreement to carry out the provisions of this section in their behalf directly or by contract with a private party. A workers' compensation pool established pursuant to this subsection may only provide coverage for workers' compensation, employers' liability and occupational disease claims. A workers' compensation pool is a separate entity which is subject to approval as a self-insurer by the industrial commission pursuant to section 23-961, subsection A, paragraph 2 and is subject to title 23, chapter 6 and rules adopted pursuant to that chapter in addition to the requirements of this section. B. Section 10-11301 does not apply to Commission corporations formed pursuant to this section. C. Chapter 23 of this title does not apply to the procurement of insurance or to the procurement of the services provided for in subsection G, paragraph 8 of this section by any pool established pursuant to this section. D. Title 43 does not apply to any pool established pursuant to this section. Any pool established pursuant to this section is exempt from taxation under title 43.
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E. Each pool shall be operated by a board of trustees consisting of at least five members, the majority of whom shall be elected officials or employees of the state. The board of trustees of each group shall do all of the following: 1. Establish terms and conditions of coverage within the pool including exclusions of coverage. 2. Ensure that all claims are paid promptly. 3. Take all necessary precautions to safeguard the assets of the group. 4. Maintain minutes of its meetings. 5. Designate an administrator to carry out the policies established by the board of trustees and to provide day to day management of the group and delineate in the written minutes of its meetings the areas of authority it delegates to the administrator. 6. Notify the director of the department of insurance of the existence of the pool and file a copy of the agreement with him and with the attorney general. 7. If the pool is a workers' compensation pool, file a copy of the agreement with the director of the industrial commission. F. The board of trustees shall not: 1. Extend credit to individual members for payment of a premium except pursuant to payment plans established by the board. 2. Borrow any monies from the group or in the name of the group except in the ordinary course of business. G. A contract or agreement made pursuant to subsection A of this section shall contain the following: 1. A provision for a system or program of loss control. 2. A provision for termination of membership including either: (a) Cancellation of individual members of the pool by the pool. (b) Election by an individual member of the pool to terminate its participation. 3. A provision requiring the pool to pay all claims for which each member incurs liability during each member's period of membership. 4. A provision stating that each member is not relieved of its liability incurred during the member's period of membership except through the payment of losses by the pool or by the member. 5. A provision for the maintenance of claims reserves equal to known incurred losses and an estimate of incurred but not reported claims. 6. A provision for a final accounting and settlement of the obligations of or refunds to a terminating member to occur when all incurred claims are concluded, settled or paid.
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7. A provision that the pool may establish offices where necessary in this state and employ necessary staff to carry out the purposes of the pool. 8. A provision that the pool may retain legal counsel, actuaries, auditors, engineers, private consultants and advisors. 9. A provision that the pool may make and alter bylaws and rules pertaining to the exercise of its purpose and powers. 10. A provision that the pool may purchase, lease or rent real and personal property it deems necessary. 11. A provision that the pool shall enter into a financial services agreement with banks and that it may issue checks in its own name. H. A pool or a terminating member shall provide at least ninety days' written notice of the termination or cancellation. A workers' compensation pool shall notify the industrial commission of the termination or cancellation of a member thirty days before the termination or cancellation of the member. I. The pool shall be audited annually at the expense of the pool by a certified public accountant, with a copy of the report submitted to the governing body or chief executive officer of each member of the pool and to the director of the department of insurance. The board of trustees of the pool shall obtain an appropriate actuarial evaluation of the claim reserves of the pool including an estimate of the incurred but not reported claims. The department of insurance shall examine each contractor pool once every three years. The director of the department of insurance may examine a contractor pool sooner than three years from the preceding examination if the director has reason to believe that the pool is insolvent. The costs of any examination shall be paid by the pool subject to the examination. J. If, as a result of the annual audit or an examination by the director of the department of insurance, it appears that the assets of the pool are insufficient to enable the pool to discharge its legal liabilities and other obligations, the director of the department of insurance shall notify the administrator and the board of trustees of the pool of the deficiency and provide the director's list of recommendations to abate the deficiency, including a recommendation not to add any new members until the deficiency is abated. If the pool fails to comply with the recommendations within sixty days after the date of the notice, the director shall notify the chief executive officer or the governing bodies, if any, of the members of the pool, the governor, the president of the senate and the speaker of the house of representatives that the pool has failed to comply with the recommendations of the director. K. If a pool is determined to be insolvent or is otherwise found to be unable to discharge its legal liabilities and other obligations, each agreement or contract shall provide that the members of the pool shall be assessed on a pro rata basis as calculated by the amount of each member's annual contribution in order to satisfy the amount of deficiency. The assessment shall not exceed the amount of each member's annual contribution to the pool. L. If a workers' compensation pool fails to comply with title 23, chapter 6 or rules adopted pursuant to that chapter, the director of the industrial commission shall immediately notify the director of the department of administration and the director of the department of insurance.
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The Commission at a Glance
The Arizona Commission for the Deaf and the Hard of Hearing was established in 1977 as a state agency to address the needs and concerns of Arizona's Deaf and Hard of Hearing population. The Commission is governed by a 14-member board of directors appointed by the governor for a term of three years, with all programs and daily operations administered by an executive director and a staff of 11. Daily operations include information and referral, telecommunications relay service administration, no-cost telecommunications equipment distribution, and interpreting certification and licensing. The Commission publishes a quarterly newsletter, produces a weekly 30-minute television program, and maintains a website and an email list. Throughout the state, the Commission promotes consumer education by conducting seminars and workshops and exhibiting an information booth at major events. The Commission has an annual budget of approximately $5.7 million, coming from the Telecommunication Fund for the Deaf. The Commission has been eligible in the past several years for monies from a special fund known as the 10% Governor's Discretionary Fund, which set aside approximately $40,000 for FY2002.
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Sherri Collins Executive Director
Claudia Foy Deputy Director
Lynn Wakefield
Business Manager
Heidi Lervik
Hard of Hearing Specialist
Deb Stone
Deaf Specialist
Rob Voreck
Licensing and Certification Coordinator
Christi Samaniego
Information Resources Specialist
Edward Kinal
TRS Administrator
Zaida Morales
Administrative Assistant
Tiffany Herman
Administrative Assistant
Jeanne Lambert
Database Specialist
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Commission Duties
The Commission shall act as a bureau of information on the Deaf and the Hard of Hearing. In their capacity, the Commission staff shall: 1. Inform the Deaf and Hard of Hearing of the availability of programs and activities of the Commission and other services available at all levels of government. 2. Develop and foster a framework for consultation and cooperation with all state agencies and institutions represented on the Commission. 3. Study the issues concerning Deaf and Hard of Hearing people of all ages and periodically review the administration and operation of various programs for the Deaf and Hard of Hearing of all ages. 4. Administer the contract for the statewide distribution of telecommunications devices. 5. Administer the contract for the statewide 24-hour, 7-day telecommunications relay service. 6. Communicate all necessary information to the Board regarding new Commission appointees, staff activities, and community activities. 7. Submit an annual report to the Board for submission to the Governor and Legislature concerning its findings and recommendations.
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Chronology
How the Commission got to where it is today: 1976 � 1977 � 1978 � � � � � 1979 � � � 1980 � 1981 � 1982 � 1983 � � 1984 � 1985 � � 1986 Statewide TTY project & relay service are legislated State renames ACD the Arizona Council for the Hearing Impaired Begins having awareness booths at community events Public Service Announcements (PSAs) are developed for the first time Assists in the establishment of IQAS (Interpreter Quality Assurance System) Inaugural publication of the state TTY directory Third staff position is created: Typist Toll free number for the office is established News bulletin, known today as Clear Channels, starts distribution Statewide 24-hour emergency TTY service is implemented State law on service dogs expands to include the deaf and hard of hearing State Legislature funds the Arizona Council for the Deaf First staff is hired: An executive director and an administrative assistant "Sign Out," a weekly 30-minute TV program begins Budget is $55,000 Office is located in Phoenix State Legislature establishes the Arizona Council for the Deaf Summer conference determines the need for a state advocacy organization
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� � 1987 � 1988 � � 1989 � 1990 � 1992 � � 1996 � 1998 � � 2000 � � 2001 � 2002 � � �
Fourth staff position is created: TTY distribution project coordinator TTY project gets underway with three choices of equipment Relay service begins Supports legislation for newborn screening program AZRS handles an average of 21,000 calls per year Two research analyst positions are created Seventh staff position is created: TTY project assistant ACHI moves next door to its present offices AZRS handles its three-millionth call Eight staff positions, $4.9 million budget First deaf executive director Deaf specialist staff position is created State renames ACHI the Arizona Commission for the Deaf and the Hard of Hearing Hard of Hearing specialist staff position is created Interpreter certification and licensing coordinator position is created Eleven staff positions, $5.7 million budget AZRS handles 1.2 million calls a year AzTEDP carries 23 devices
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Fiscal Year 2003 Strategic Plan
I. To Increase Public Awareness of Accessibility Issues. Objective: Promote awareness of Assistive Technology beyond telecommunications devices. Objective 2: Increase awareness and understanding of interpreter use. II. To Increase Partnerships in Providing Training and Program Services. Objective 1: Increase the number of public and private sector partnerships in providing training services. Objective 2: Increase the number of direct services provided. III. To Promote Training Opportunities for ASL Instructors in the State of Arizona. Objective 1: Create state ASL teacher certification standards. Objective 2: Provide workshops for ASL instructors. Objective 3: Prepare ASL instructors to meet national level certification and standards. IV. To Improve Interpreter Support Services. Objective 1: Increase the number of hours of interpreting classes and workshops statewide Objective 2: Provide interpreters with training opportunities in order to attain their certificate of competency. V. To Ensure Contractual Compliance of AZRS. Objective 1: Monitor performance of AZRS provider to ensure compliance of state contract. Objective 2: Insure customer satisfaction among TRS users. VI. To Transition AzTEDP to a Voucher System. Objective 1: Establish a baseline for measurement (beginning 11/1/02). Objective 2: Inform and educate community about voucher program. VII. To Expand Direct Services for the Deaf and Hard of Hearing in Arizona. Objective: Seek funding for underserved deaf and hard of hearing population. VIII. To Improve Agency Publicity on Issues Related to Hearing Loss. Objective: Inform the community of ACDHH activities and positions on hearing loss issues.
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General ACDHH Agency Statutes
Article 36 36-1941. 36-1942. 36-1943. 36-1944. Public Health and Safety Definitions (p. 57) Commission for the deaf and the hard of hearing (p. 57) Executive director; duties (p. 58) Duties (p. 58)
36-1941. Definitions In this chapter, unless the context otherwise requires: 1. "Commission" means the commission for the deaf and the hard of hearing. 2. "Deaf" means those persons who cannot generally understand speech sounds with or without a hearing aid when in optimal listening conditions. 3. "Hard of hearing" means those persons who have a degree of hearing loss greater than 40dB PTA-2, but less than 85dB PTA-2, in the better ear. 4. "Interpreting" means translating or transliterating of English concepts to any necessary specialized vocabulary used by a consumer or the translating of a consumer specialized vocabulary to English concepts. 5. "Necessary specialized vocabulary" includes American sign language, English based sign language, cued speech and oral interpreting. 6. "PTA-2" means the average of hearing levels at one thousand, two thousand and four thousand Hz. 36-1942. Commission for the deaf and the hard of hearing A. The commission for the deaf and the hard of hearing is established consisting of the following members appointed by the governor: 1. One member selected from the department of economic security. 2. One member selected from the Arizona school for the deaf and the blind at Tucson or the Phoenix day school for the deaf. 3. One member who is a dispensing clinical audiologist licensed pursuant to title 36, chapter 17. 4. One member who is a hearing aid dispenser licensed pursuant to title 36, chapter 17. 5. Four members who are deaf persons. 6. One member selected from the Arizona register of interpreters for the deaf. 7. One member who is a parent of a deaf person. 8. Four members who are hard of hearing.
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B. Commission members serve three years and may be reappointed once. The governor may remove a commission member for cause. C. The commission shall meet at least four times a year at the call of the chairman, who shall be selected by the commission from among its membership. D. Members of the commission are not eligible to receive compensation but are eligible to receive reimbursement of expenses pursuant to title 38, chapter 4, article 2. 36-1943. Executive director; duties A. The commission shall appoint an executive director who serves at the pleasure of the commission. The commission may appoint other employees as necessary and shall fix their compensation and prescribe their powers and duties. With the approval of the commission, the executive director may contract for professional, technical and clerical services necessary to carry out functions of the commission. B. The executive director shall be a trained professional experienced in problems of the deaf and the hard of hearing and skilled in the use of manual communication, commonly referred to as sign language, and may be either a deaf person, a person who is hard of hearing or a person with normal hearing. The executive director shall assist the commission to implement its programs and activities and to implement this chapter. The executive director shall not be a commission member. The executive director is eligible to receive compensation set by the commission within the range determined pursuant to section 38-611. 36-1944. Duties The commission shall act as a bureau of information to the deaf and the hard of hearing, state agencies and institutions providing services to the deaf and the hard of hearing, local agencies of government and other public or private community agencies and programs. In this capacity, the commission shall: 1. Inform the deaf and the hard of hearing of the availability of the programs and activities of the commission and other services available for the deaf and the hard of hearing at all levels of government. 2. Develop and foster a framework for consultation and cooperation with the rehabilitation services bureau of the department of economic security and with all institutions represented on the commission. 3. Study issues relating to the deaf and the hard of hearing, review the administration and operation of the various programs for the deaf and the hard of hearing in this state and make recommendations concerning these problems and programs to the several agencies and institutions represented on the commission as it deems necessary. 4. Submit an annual report to the governor and the legislature concerning its findings and recommendations. 5. Review the problems of the deaf and the hard of hearing as they relate to the need for effective and appropriate auxiliary aids in public places.
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6. Review and compile information on the development of acoustical technology for the hard of hearing and advocate the use of this technology if it deems appropriate. 7. Make recommendations to state agencies, political subdivisions and institutions on how to meet the needs of the hard of hearing. 8. Make recommendations to the legislature regarding statutory changes needed to implement a statewide newborn child hearing loss screening program. 36-1945. Commission for the deaf and the hard of hearing fund; gifts and donations; annual report A. The commission for the deaf and the hard of hearing fund is established consisting of fees, penalties and any legislative appropriations. The commission shall administer the fund. Monies in the fund are subject to legislative appropriation. B. The commission may accept and spend federal monies and private grants, gifts, contributions and devises to assist in carrying out the purposes of this chapter. These monies do not revert to the state general fund at the end of a fiscal year. C. The commission shall submit an annual report to the governor on all monies accepted by the commission pursuant to subsection B, the names of the donors and the respective amounts contributed and the amount of all disbursements from the fund. 41-3010.06. Commission for the deaf and the hard of hearing; termination July 1, 2010 A. The commission for the deaf and the hard of hearing terminates on July 1, 2010. B. Title 36, chapter 17.1 is repealed on January 1, 2011. (2000)
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ACDHH Interpreter Certification and Licensure
36-1946. Interpreters for the deaf and the hard of hearing; certification; licensure The commission shall: 1. Adopt rules necessary to achieve the purposes of section 12-242. 2. By rule, classify interpreters for the deaf and the hard of hearing based on the level of interpreting skills acquired by that person. 3. By rule, establish standards and procedures for the qualification and licensure of each classification of interpreters. 4. Help establish partnerships with colleges and universities in this state to provide interpreter training and degree programs. 5. By rule, establish standards and procedures to certify sign language teachers to teach American sign language. 6. Beginning on September 1, 2007, license interpreters for the deaf and the hard of hearing pursuant to article 2 of this chapter.
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Legal Interpreting
12-242. Interpreters for deaf persons; proceedings; definitions (L82, ch 258, sec 2) A. The court shall in any civil or criminal case or grand jury proceeding in which a deaf person is party to such action, either as a witness, complainant, defendant or attorney, appoint a qualified interpreter to interpret the proceedings to the deaf person, to interpret the deaf person's testimony or statements and to interpret preparations with the deaf person's attorney. B. A department, board, commission, agency or licensing authority of this state or a political subdivision of this state shall in any proceeding before such department, board, commission, agency or licensing authority in which a deaf person is a principal party of interest or witness, appoint a qualified interpreter to interpret the proceedings to the deaf person and to interpret the deaf person's testimony or statements. C. If a person known or ascertained to be deaf is arrested and taken into custody for any alleged violation of a criminal law of this state, the arresting officer, his superiors or the court shall procure a qualified interpreter in order to properly interpret any of the following: 1. Warnings of the person's constitutional privilege against self-incrimination as it relates to custodial interrogation. 2. Interrogation of the deaf person. 3. The deaf person's statements. D. If a juvenile whose parent or parents are deaf is brought before a court for any reason, the court may appoint a qualified interpreter to interpret the proceedings and testimony for the deaf parent or parents and to interpret any statements or testimony the deaf parent or parents may be called upon to give to the court. E. If a communication made by a deaf person through an interpreter is privileged, the privilege extends also to the interpreter. F. If the only available interpreter does not possess adequate interpreting skills for the particular situation, the court or appointing authority may permit the deaf person to nominate another person to act as an intermediary interpreter between the deaf person and the appointed interpreter during proceedings. G. A deaf person entitled to the services of an interpreter under this section may knowingly and intelligently waive these services. A deaf person who has waived an interpreter under this subsection may provide his own interpreter at his own expense, without regard to whether the interpreter is qualified under this section. H. As used in this section: 1. "Deaf person" means a person whose hearing impairment is so significant that the individual is impaired in processing linguistic information through hearing. 2. "Qualified interpreter" means a person who has a certificate of competency authorized by the Arizona council for the deaf.
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Interpreting Licensure
Article 36 36-1971. 36-1972. 36-1973. 36-1974. 36-1975. 36-1976. 36-1977. 36-1978. Public Health and Safety Licensure; acts and persons not affected (p.62) Use of title; prohibited acts; violation; classification (p.63) Qualifications for licensure (p.63) Issuance and renewal of license; continuing education (p. 63) Denial of licensure (p. 64) Revocation or suspension of license (p. 64) Right to examine and copy evidence (p. 64) Injunctive relief; bond; service of process (p. 65)
36-1971. Licensure; acts and persons not affected (Effective 10/1/07) A. A person shall not practice as an interpreter for the deaf and the hard of hearing without a license issued pursuant to this article. The licensure requirements of this article also apply to interpreters who provide services for legal proceedings as prescribed in section 12-242. B. The commission by rule shall prescribe education, examination and work history requirements for the following three categories of licenses: 1. Legal. 2. Generalist. 3. Provisional. C. This article does not apply to: 1. An interpreter who works in this state for less than twenty days if that person registers with the commission to provide interpreting services in nonlegal situations. 2. An interpreter who provides interpreting services at religious activities. 3. An interpreter who provides interpreting services on an emergency basis if the delay necessary to obtain a licensed interpreter is likely to cause injury or loss to the consumer. 4. An interpreter who works without compensation in nonlegal situations. 5. An interpreter who works in a school in this state pursuant to the individual education plan of a deaf or hard of hearing pupil. The qualifications of an interpreter working in a school in this state shall be determined by the individualized education program team. A school district shall inform a parent or guardian of a deaf or hard of hearing pupil of the parent or guardian's right to request a licensed interpreter. 6. Activities and services of an interpreter intern or student in training if both of the following are true: (a) The interpreter is enrolled in a program of study in interpreting at an accredited institution of higher learning.
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(b) The interpreter works under the supervision of a person licensed pursuant to this article as part of a supervised program of study and is identified to all consumers as an interpreter intern or student in training. 36-1972. Use of title; prohibited acts; violation; classification (Effective 10/1/07) A. A person who is not licensed pursuant to this article shall not: 1. Use any title, abbreviation, words, letters, signs or figures to indicate that the person is licensed pursuant to this chapter. 2. Practice as an interpreter for the deaf and the hard of hearing. 3. Use another person's license. B. A person who violates this section is guilty of a class 2 misdemeanor. 36-1973. Qualifications for licensure (Effective 10/1/07) A. To receive a license to practice as an interpreter pursuant to this article a person shall submit an application and application fee as prescribed by the commission. B. The applicant shall document to the commission's satisfaction that the applicant has successfully completed the education, examination and work history requirements for the specific category of license for which the licensee is applying. 36-1974. Issuance and renewal of license; continuing education (Effective 10/1/07) A. The executive director shall issue a license when the applicant has satisfied all of the requirements for licensure under this article. B. A license issued pursuant to this article is subject to annual renewal on the licensee's birthday and terminates thirty days after that date unless it is renewed. C. Each licensee shall renew the license not earlier than sixty days before and not later than thirty days after the license expires by submitting the renewal fee and a completed renewal form. A licensee who does not renew a license as required by this article must also pay a penalty fee as prescribed by the commission for late renewal. A person who practices interpreting in this state after that person's license has expired is in violation of this article. D. A person whose license terminates shall submit an application and application fee as an original applicant for licensure. E. The commission by rule may prescribe continuing education requirements as a condition of license renewal.
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36-1975. Denial of licensure (Effective 10/1/07) The commission may refuse to issue or renew a license if the commission finds that any of the following is true: 1. The applicant committed fraud or misrepresentation in applying for a license in this state or another state. 2. The applicant was convicted of a felony offense or any other offense involving moral turpitude. 3. The applicant does not meet minimum qualifications as prescribed by this article. 4. The applicant was adjudicated insane or incompetent. 5. The applicant engaged in fraud, dishonesty or corruption on a certification examination in another state. 36-1976. Revocation or suspension of license (Effective 10/1/07) A. The commission may revoke or suspend a license issued under this article, place a licensee on probation, issue a reprimand or impose a civil penalty for any of the following reasons: 1. Unprofessional conduct. 2. A violation of this article. 3. Gross negligence or incompetence in the performance of duties. 4. Fraud, dishonesty or corruption. 5. Inability to perform the duties of an interpreter at a level of skill that is required by the commission. 6. Conviction of a felony offense or any other offense involving moral turpitude. 7. Failing to meet minimum qualifications as prescribed by this article. 8. Adjudication of insanity or incompetency. B. Before it takes disciplinary action pursuant to this section, the commission shall give a licensee notice and an opportunity for a hearing pursuant to its rules. C. The commission may issue subpoenas, examine witnesses and administer oaths pursuant to a hearing held under this section. 36-1977. Right to examine and copy evidence (Effective 10/1/07) In connection with a commission investigation conducted pursuant to section 36-1976, the commission at all reasonable times has the right to examine and copy any documents, reports, records or other physical evidence of any person being investigated or reports, records and any other documents maintained by and in the possession of any public or private agency if the
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commission believes this information is related to unprofessional conduct or the mental or physical ability of a licensee to practice pursuant to this article. 36-1978. Injunctive relief; bond; service of process (Effective 10/1/07) A. In addition to all other available remedies, if the commission has any reason to believe that a person has violated this article or a commission rule, the commission through the attorney general or the county attorney of the county in which the violation is alleged to have occurred may apply to the superior court in that county for an injunction restraining that person from engaging in the violation. B. The court shall issue a temporary restraining order, a preliminary injunction or a permanent injunction without requiring the commission to post a bond. C. Service of process may be on the defendant in any county of this state where the defendant is found.
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Telecommunication Fund
Article 36 36-1947. Article 42 42-5252. 42-5253. Public Health and Safety Telecommunication devices for the deaf and the hearing and speech impaired; fund (p. 66) Taxation Levy of tax (p. 66) Remission and distribution of revenues (p. 67)
36-1947. Telecommunication devices for the deaf and the hearing and speech impaired; fund A. The commission shall establish and administer a statewide program to purchase, repair and distribute telecommunication devices to residents of this state who are deaf or severely hearing or speech impaired and establish a dual party relay system making all phases of public telephone service available to persons who are deaf or severely hearing or speech impaired. B. The commission may adopt administrative procedures, rules, criteria and forms to establish and administer the telecommunication device program under this section. C. Telecommunication devices furnished by the commission under this section remain the property of this state. A person who receives a telecommunication device from the commission under this section is liable for the loss of or damage to the device. The commission may impose a civil penalty against the person in an amount equal to the cost of the device or the amount of damage done to the device. If a person objects to the imposition of a civil penalty, the commission shall conduct a hearing as prescribed in title 41, chapter 6, article 10. Monies collected by the commission under this subsection shall be deposited in the telecommunication fund for the deaf established by subsection D of this section. D. The telecommunication fund for the deaf is established. The commission shall administer the fund. Monies in the fund sh

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Board of Commissioners Handbook
Mission The purpose of ACDHH is to ensure, in partnership with the public and private sector, accessibility for the deaf and hard of hearing to improve their quality of life. Vision An energetic and innovative team, ACDHH aspires to be a national leader in the provision of communication access, support services, and community empowerment throughout the Grand Canyon State.
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ACDHH Board of Commissioners Handbook
I. Introduction............................................................................. Letter from the Board Chair Letter from the Executive Director ACDHH Mission Statement Board Composition Commitment to Service Code of Ethics Confidentiality Glossary II. Calendar................................................................................. III. The Board of Commissioners....................................................... Job Description Duties Functions: Policymaking, Financial Oversight, and Strategic Planning IV. The Executive Director.............................................................. Executive Director Position Description Performance Management/Evaluation Why Work with the Executive Director? Expectations from Both Sides Who is Responsible for What? Evaluating the Executive Director V. Meetings............................................................................... Board Meeting Procedures Attendance Running a Board Meeting Parliamentary Procedures at a Glance Open Meeting Law VI. Reference............................................................................ Public Representation of the Committee Travel Reimbursement Writing a Position Paper Risk Management VII. ACDHH............................................................................ The Commission at a Glance Organization Flow Chart Commission Duties Chronology Strategic Plan VIII. Commission & Deaf-related Laws............................................. Commission Statutes Interpreter Certification and Licensure Legal Interpreting Interpreting Licensure Telecommunication Fund Others: Service Dogs; Early Identification of Hearing Loss Arizona Administrative Code IX. Handouts and Notes Page 2 3 4 5 6 7 7 8 Page 9 Page 12 13 14 Page 19 19 21 22 23 24 Page 25 25 27 28 30 Page 39 40 41 42 Page 51 52 53 54 56 Page 57 60 61 62 66 68 73
Jane D. Hull
GOVERNOR
Sherri L. Collins
EXECUTIVE DIRECTOR
1400 West Washington � Room 126 � Phoenix, Arizona 85007 www.acdhh.org
September 17, 2002 Fellow Commissioners: As Chair of the ACDHH Board of Commissioners, it pleases me greatly to see such a comprehensive resource designed to assist the Board in giving its fullest performance. Our work as commissioners is important. We represent the voices of all Arizona when confronting hearing loss. We are 14 minds who work together not for ourselves but the demographics we represent. Sometimes we may fall into thinking only of the present and forget that there were commissioners before us and will be commissioners after us; this handbook will guide both present and future commissioners throughout our service to the Arizona deaf and hard of hearing population. May this handbook serve us to even greater success!
Respectfully,
Chris Schneck, Chair, ACDHH Board of Commissioners
602-542-3323 V/TTY � 602-364-0990 TTY � 602-542-3383 V � 800-352-8161 V/TTY � 602-542-3380 FAX � INFO@ACDHH.STATE.AZ.US
The mission of the Arizona Commission for the Deaf and the Hard of Hearing is to ensure, in partnership with the public and private sectors, accessibility for the deaf and the hard of hearing to improve their quality of life.
Jane D. Hull
GOVERNOR
Sherri L. Collins
EXECUTIVE DIRECTOR
1400 West Washington � Room 126 � Phoenix, Arizona 85007 www.acdhh.org
September 17, 2002 Dear Commissioners: Since its inception in 1977, the Commission has done wonderful work in its service to the many populations with a hearing loss within the Arizona community we serve. But there is a little known historical fact about the Commission: The Board preceded the staff by almost a year. The legislation that enabled the Commission was passed into law in 1977 and quickly saw the formation of the Board. In 1978, a proposal to fund the Commission made it out of the Legislature and ACDHH was able to add an executive director and a secretary to its payroll. In that one-year period, however, the Commission did not stay idle--thanks to the Board of Commissioners. Over the years, the role of the Board has not diminished. Your leadership helps shape the vision of the programs and services ACDHH provides to the deaf and hard of hearing community all across Arizona. I look forward to a productive working relationship with each one of you! Sincerely,
Sherri L. Collins Executive Director
602-542-3323 V/TTY � 602-364-0990 TTY � 602-542-3383 V � 800-352-8161 V/TTY � 602-542-3380 FAX � INFO@ACDHH.STATE.AZ.US
The mission of the Arizona Commission for the Deaf and the Hard of Hearing is to ensure, in partnership with the public and private sectors, accessibility for the deaf and the hard of hearing to improve their quality of life.
Board Composition
Appointing authority: Term: Number of members: Compensation: Composition: Governor of Arizona Three (3) years (A.R.S. �36-1941) Fourteen (14) (A.R.S. �36-1941) None except as outlined in the travel reimbursement policy The Board shall consist of fourteen (14) members appointed by the Governor. Of these members:
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Four (4) members shall be Deaf persons Four (4) members shall be Hard of Hearing persons One (1) member shall be from the Department of Economic Security One (1) member shall be from the Arizona School for the Deaf and the Blind in Tucson or from the Phoenix Day School for the Deaf One (1) member shall be a clinical audiologist One (1) member shall be a hearing aid dispenser pursuant to A.R.S. One (1) member shall be from the Arizona Registry of Interpreters for the Deaf One (1) member shall be a parent of a deaf or hard of hearing child
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Commitment to Service
As a board member, I am committed to: 1. Serving the needs of people. The Commission exists to serve the Deaf and the Hard of Hearing and its success is measured in the quality of service delivered to them. The Board's energy should be focused on fulfilling the needs of these people. 2. Providing budget planning for our organization. A Board member helps assure the financial integrity of the Commission by approving an annual budget and monitoring finances. 3. Providing resources and expertise to the organization. Board members are asked to serve on the Board because of their talents, special skills and interests. Board members personally provide a great deal of assistance by volunteering their talents and skills, or providing links and encouragement. 4. Giving my time and energy. When you give your time, you are investing in the people the Commission serves. The time you give for Board meetings, committee meetings and special events is critical. 5. Respecting the vote. It is vitally important that the minority viewpoint be given a full hearing. It is equally important that the majority rule prevails, and that each Board member in the minority fully supports the decision once a vote is recorded. 6. Making this a "working" Board. Knowing what you are expected to do and how it relates to others you work with is very important. Doing what I am expected to do is altogether different and a Board member should not only strive to maintain the seat but to also expand and enhance the Board. Consequently, I shall: � Attend Board meetings and organizational functions � Leave vested interests in particular programs outside Board meetings � Give full support of skills and resources to the Commission � Serve on committees � Remain informed about the needs of the Deaf and the Hard of Hearing � Strictly adhere to the Commission's bylaws and Board policies � Actively promote the organization through professional contacts � Provide the Commission staff with contacts � Appear in media and in the public to promote Commission activities � Work with the State Legislature to advocate Commission positions � Do my most to observe legislative hearings and sub-committee meetings on matters concerning the Commission
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Code of Ethics
A.R.S. �38-501 through �38-510 concern conflicts of interest of public officers and employees and it is the Board member's continuing responsibility to observe and apply the provisions of these laws. The following policy can help the Board avoid situations that can damage the public's trust in the Commission. � Business or professional interests. Board members have outside business and professional interests. Board members, however, may not make a profit in any way in their outside employment or business interests from their service on the Commission's board of directors, either for themselves, relatives or friends. Board members shall disclose any conflict of interest involving an issue before the Board. While they may participate in discussion of the issue, they shall not vote. Gifts, gratuities. Board members will not accept gifts, gratuities, trips, personal property or other items of value from an outside person or organization as an inducement to vote a certain way, do business a certain way, or provide certain services. Personal beliefs. Board members hold a wide range of personal beliefs, values and commitments. These may present a conflict of interest if they prevent Board members from acting for the benefit of the full organization, from carrying out their responsibilities as Board members, if Board members attempt to use their membership to further their personal interests, or to convince other Board members, the Executive Director or Commission staff to act upon the Board member's wishes. My efforts shall be focused on the mission of the Commission and not on my personal goals. Abuse of the Board office. Board members should not abuse their office by using the Commission's staff, services, equipment or property for their personal or family gain. This includes using their position on this Board to obtain employment at the Commission for themselves, family members or friends.
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Confidentiality
Minutes of and discussions made at an Executive Session are required by law to be kept confidential and shall not be shared with any person outside this meeting room, except to: � Members of the Commission, � A person who is the subject of the discussion pursuant to A.R.S. � 38-431(A)(l), � The Auditor General in connection with an audit authorized by law, and � The Attorney General
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Glossary
Throughout the handbook, the following terms in boldface are intended to take on the following specific definitions: Board. The Board of Commissioners of the Arizona Commission for the Deaf and the Hard of Hearing. Board Member. A person who sits on the Board of Commissioners of the Arizona Commission for the Deaf and the Hard of Hearing. Commission. The Arizona Commission for the Deaf and the Hard of Hearing. Commission Member. A person affiliated with the Arizona Commission for the Deaf and the Hard of Hearing as a Board Member or a Commission Staff. Commission Staff. The staff members of the Arizona Commission for the Deaf and the Hard of Hearing. deaf. Generalization indicating profound hearing loss. Deaf. Those with hearing loss who use American Sign Language. Executive Director. The Chief Executive Officer of the Arizona Commission for the Deaf and the Hard of Hearing. Hard of Hearing. Those with hearing loss who do not use American Sign Language.
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Year 2002
January 2002
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April 2002
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May 2002
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June 2002
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July 2002
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August 2002
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November 2002 December 2002
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Year 2003
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March 2003
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April 2003
Su Mo Tu 1 678 13 14 15 20 21 22 27 28 29 We 2 9 16 23 30 Th 3 10 17 24 Fr 4 11 18 25 Sa 5 12 19 26
May 2003
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August 2003
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September 2003
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October 2003
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November 2003 December 2003
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Year 2004
January 2004
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February 2004
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March 2004
Su Mo 1 78 14 15 21 22 28 29 Tu 2 9 16 23 30 We 3 10 17 24 31 Th 4 11 18 25 Fr 5 12 19 26 Sa 6 13 20 27
April 2004
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May 2004
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June 2004
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July 2004
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August 2004
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October 2004
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November 2004 December 2004
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Board Member Job Description
Title: Reports to: Purpose: Term: Member, ACDHH Board of Directors Board Chair To serve the Board as a voting member, to assist in policy-making, and to monitor the finances, programs and performance of the organization. Three years, beginning on September 1 and ending on August 31
Expected Meeting Attendance: � Regularly attend scheduled meetings � Attend meetings of committees served � Attend Board retreats, planning sessions, and Board development workshops � Attend and participate in special events Obligations of the Board: � Establish policy � Hire, terminate (if necessary), supervise and annually evaluate the Executive Director � Help with financial planning � Maintain, update and monitor strategic plans Specific Duties: � Attend meetings, participate and show commitment to board activities � Be well-informed and prepared for meetings � Contribute skills, knowledge and experience when appropriate � Listen respectfully to other viewpoints � Assume leadership roles in all board activities � Represent the Commission to the public, businesses and the community � Educate yourself about the needs of the Deaf and the Hard of Hearing people � Evaluate the Executive Director
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Duties
All Members � Attend regularly scheduled Commission meetings to achieve quorum
� � � � � � Attend specially scheduled Commission meetings to achieve quorum Be aware of the needs of the constituents that you are representing Represent your constituency to the best of your ability Determine need for committees based on issues to be resolved Participate in committees Serve three-year terms
Vice Chair
� � � Assume all duties of the Chair in the absence of the Chair Assume all duties of the Vice Chair set forth in here and any other policies approved by the Board May serve only two consecutive terms as Vice Chair
Chair
� � � � � � � � � � � � Preside over all Board meetings, following parliamentary procedure Call meetings; business meetings, town hall meetings, executive sessions, any other special sessions Establish agenda for all Board meetings Determine chairperson, size, and possible staffing of subcommittees Delegate meeting responsibility to a Board member if unable to attend a meeting and Vice Chair's absence is expected Vote only in the event of a tie vote Issue an annual report to the governor Maintain communications with all Board members Maintain communications with the Executive Director Oversee any evaluation of the Executive Director Assume all duties of the Chair set forth in here and any other policies approved by the Board May serve only two consecutive terms as Chair
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Functions of the Board
The job of a Commission board is usually defined as policymaker and regulator. The Board establishes policies that direct the Commission staff to take a course of action to meet the agency mission. The Commission functions within the parameters of these policies. The Board observes and evaluates how well the Commission, led by the Executive Director, implements board policies and carries out the Commission's mission.
Four areas of Board responsibility
Within your policy-making role, your four specific areas of responsibility are: 1. The Board hires, supervises, evaluates and, if necessary, terminates the Executive Director. The Board's first responsibility, and maybe the most important one, is to hire a competent administrator to run the organization by managing all aspects of its day-to-day affairs. Most board members do not have the time to manage the day-to-day business of the organization. By hiring, and then supporting a professional who keeps things running smoothly, you ensure that the organization is well managed and in a position to fulfill its mission. 2. The Board is responsible for the Commission's future. Strategic planning is a key board responsibility. Social, regulatory and economic changes mean that boards must anticipate and plan for what the future will bring. Once the board approves a strategic plan for the organization, it should monitor the progress the Executive Director makes toward meeting the plan's goals and objectives. Short-term operational planning is necessary to achieve your plan, and this is the administrator's responsibility. 3. The Board monitors and evaluates. You should monitor the Commission's performance in two key areas: financial health and progress toward the board's strategic, long-range plan. A board must monitor and evaluate bottom-line results. 4. The Board serves as an advocate. You are in a unique position to advocate. You're not being paid for your service, and you have a higher motive: service to the community at large. This gives you credibility, which is the key to any advocate's success. As an advocate, you might lobby state and federal lawmakers and funding sources, or communicate your organization's goals to constituents and the community.
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Policy-Making: Board or Management Decision?
How do you identify which member of the board team should manage an issue, the board or the executive director?
Setting policy is very different from managing the organization
Board policies answer the big-picture questions of what the Commission will do. The Executive Director implements the board's policies and determines how to carry out the board's policies. An example: Approving the Commission's annual budget is a board policy decision. That is a board responsibility. Spending within that board-approved budget is the Executive Director's job. By examining financial reports and the annual audit, the Board monitors the implementation of the budget it set.
The issue of personnel management causes more headaches and heartaches in the Board and Executive Director relationship than any other. It shouldn't be that way, because managing Commission staff is the Executive Director's job.
But if a staff member complains to several board members about being unfairly disciplined, should you get involved? First, determine if the issue is really a board issue or something the Executive Director should handle. Boards handle issues that: � Affect the entire organization (The administrator handles issues that affect individuals) � Dictate what the Commission will do--policy matters that is not established by the state (The administrator and staff determine how a policy is implemented) � Are required by law � Are requested by the Executive Director If it is a policy issue, the board should ask the Executive Director to research the issue then make recommendations to the Board. Finally, the Board makes its decision.
Board policy
Board members and Commission staff--including the Executive Director--come and go, but board policy lasts. A policy manual: � Provides consistency and fosters stability � Provides guidance for Board members and the Executive Director � Legitimize Board actions � Allows the Commission to operate efficiently � Provides the basis for a legal record
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Meeting the Board's Financial Responsibilities
You don't need to be a CPA, banker or financial wizard by trade. So how in the world are you supposed to understand complicated funding streams and monthly financial statements? You don't have to figure this all out by yourself. You're not responsible for figuring out where every penny has been spent--that's the Executive Director's responsibility. Your financial responsibility to the Commission is simply this: To oversee and monitor the financial health of the organization. Here are the four areas you are responsible for: 1. You set financial policy. This means that you determine the areas of the Commission spending. Your policy decisions will be based on the goals set during your planning sessions. 2. You help develop and approve the annual budget. Your budget is the financial blueprint for the Commission, based on the Board's broad financial policies. You must make sure there is enough money in the budget to deliver services and meet goals and objectives for the coming year. 3. You delegate implementation of financial policies to the Executive Director. It's the Executive Director's job to make all spending decisions within budget limits. 4. You monitor financial outcomes. Board members have always been haunted by financial worries. "Is spending being done appropriately? Will there be money to meet our obligations?" It's tempting to open up the books and seek answers. But that's not your job. Remember, you monitor results. Instead of trying to monitor every single purchase the Executive Director makes, pay attention to big-picture concerns by asking questions like these: � Are we on target with our planned expenses and revenues? � Are we financially solvent? � Will we have income to meet future expenses?
Know the financial figures you need to see
1. A basic financial statement. This should summarize revenues and expenses in a way that provides a good idea of the Commission's financial standing.
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2. Bottom-line figures. Rather than line-by-line explanations, ask the Executive Director to highlight bottom-line figures in the basic financial statement. Concentrate on total expenditures and revenues. 3. Historical figures for comparison. This will put the numbers into context for you. You'll want to review this month's figures and compare them to last month's, as well as the numbers from the same month last year. If the numbers are very different from what the board expects, start asking questions.
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Strategic Planning & Your Legacy
The current condition of the Commission depends on how well its previous boards have planned. And the future depends on how well your board plans. To plan for the Commission's future, every Board member should ask three planning questions: � � � What kind of future are we going to give the Commission? How can we plan for a healthy future? How can we anticipate problems before they happen?
A plan tells the Executive Director what areas to focus Commission actions on. To start the planning process, start with these four steps: 1. Review the Commission's history. The plan must be consistent with its mission and respect its past actions. 2. Do a survey to find the Commission's strengths and weaknesses. In what areas are the Commission doing well? Not so well? Consider issues such as mission, staffing, facilities, programs, public image, and funding. 3. Assess external conditions and obstacles to success/growth. Examine current demographics, social or cultural trends, new legislation, new leadership at any level, economic trends, funding patterns, and new developments concerning the Deaf and the Hard of Hearing. 4. Solicit community input. Prioritize Commission business through learning what the people want. Give all stakeholders the opportunity to weigh in their opinions as you chart the Commission's strategic direction.
Leaving a legacy
When you join the Board, you are in a position to make a mark on the Deaf and Hard of Hearing community. Your aim should be to leave the Board in a better position than it was when you started. That is your measure as a Board member... and the Commission and the public should be the better for your time on the Board.
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Executive Director Position Description
1. Fulfills Statutory Responsibilities. Acts as the chief executive officer of the Commission in carrying out its statutory responsibilities as the statewide coordinating agency in advocating, strengthening, and implementing state policies affecting Deaf and Hard of Hearing individuals, and their relationship to entities in all sectors. 2. Performs Strategic and Vision Planning. Carries out the appropriate directives of the Commission. Designs, develops, implements and monitors Commission projects and programs. Develops effective monitoring and evaluation procedures for new and ongoing programs. Directs strategic plans; conducts special studies; evaluates agency programs, resource management, and budget control. 3. Represents the Commission in Public. Represents the Commission when speaking to public and professional groups about the goals and activities of the Commission as well as issues related to deafness and hearing loss. Represents the Commission at legislative hearings. Meets with personnel from the Office of the Attorney General. Responds to inquires from the press, Legislature, Governor's Office, and members of the public. 4. Oversees Finances. Prepares and controls the Commission's annual budget; prepares funding proposals; prepares financial statements and submits financial reports to the Board. Works closely with the business manager in the preparation and control of the Commission's annual budget. Has signature authority for all financial documents. 5. Produces Reports. Produces annual reports and proposals to the Governor and Legislature on programs and progress; attends legislative sessions and speaks on behalf of the Commission and makes recommendations on funding and program concerns. Prepares for and attends Commission business/town hall meetings. Directs staff support and coordinates necessary follow-up procedures and documentations. Reviews complaints from the community and directs referrals to the appropriate agency. 6. Provides the Community with Resources. Establishes and maintains a registry of people in the state who are deaf. Encourages and assists with research into causes and prevention of hearing loss. Approves outreach efforts. Acts as a consultant to City, County, and State agencies on deafness and hearing loss. Acts as an expert witness on matters involving the Deaf and Hard of Hearing. 7. Determines Personnel. Supervises, hires, trains, and evaluates staff and assigns job tasks. Determines and provides appropriate educational opportunities for the staff.
Performance Management/Evaluation
The Executive Director position is an exempt position and is evaluated by the Board every January (see page 24 for evaluation procedures).
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Qualifications, Knowledge and Skills
� Has a Masters degree in deaf education, or counseling, or business administration and 5 years of experience as an administrator of programs or services directly for Deaf or Hard of Hearing individuals Possesses knowledge of rules, regulations, policies and procedures that pertain to the Commission and the constituents it serves, and of the Arizona Revised Statutes governing the Commission and the principles and practices of public administration Possesses knowledge of Deaf Culture and all methods of communications by people who are Deaf and Hard of Hearing, sign language, laws affecting persons who are deaf, and about other agencies/services for Deaf and Hard of Hearing issues Possesses strong writing, public relations, and public speaking skills Has knowledge of grantswriting for development of programs and projects Has knowledge of computers and software Is skilled in use of manual communication, i.e., American Sign Language
�
�
� � � �
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Why Work with the Executive Director?
The Executive Director is a vital team member of the Board and should be treated accordingly. This means the Executive Director should participate in all Board discussions and activities. The Executive Director, however, is a non-voting member. That's why a Board should never meet without the Executive Director. These meetings, called closed sessions, destroy any sense of teamwork and violate the Open Meeting Law. Closed sessions serve no purpose as they can: � � � Destroy trust. Don't allow administrators to explain their actions. Lead to poor decision-making.
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Expectations from Both Sides
What should the Executive Director expect of Board members?
� � � � � � � � � Open and Honest Communication Provide counsel, advice, expertise, and insight into the local community Delegate responsibility for the implementation of policies to the Executive Director Refrain from managing administrative functions Understand Commission staff responsibilities Respect Commission's staff hierarchy Support the Executive Director Evaluate the Executive Director's performance annually Initiate strategic planning for the Commission's future
What should the Board members expect of the Executive Director?
� � � � � � � � � Open and honest communication Act as the Commission's professional advisor Interpret needs of the programs Recommend appropriate policies for Board consideration Implement Board policies Develop a budget and keep the Board informed on finances Recruit competent personnel, and develop and supervise them Be a visible presence in the community Provide the Board with professional judgment on strategic planning
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Who is Responsible for What?
Area Long-term goals (longer than a year) Short-term goals (less than a year) Day-to-day operations Budget Hiring of staff Staff assignments Firing of staff Staff grievances Personnel policies Staff salaries Staff evaluations Board Role Approves Monitors No role Approves & Monitors No role No role No role No role No role No role Evaluates only Executive Director Executive Director Role Recommends and provides input Establishes and implements Makes all decisions Develops and implements Approves all hiring Establishes Makes final termination decisions Grievances should stop with administrator Administers Makes determinations Evaluates staff
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Evaluating the Executive Director
Make it an annual event! Evaluate the Executive Director every January! There are many important reasons why the board should evaluate the Executive Director annually: It is in the best interests of the Commission. The Executive Director's annual evaluation is one time during the year when the Board can sit down and objectively assess how the Commission is performing. By evaluating the performance of the Executive Director and how the Commission is managed, the board assures itself about the Commission's ability to deliver its mission. An annual review of your Executive Director 's performance is a chance to look at performance and measure effectiveness. A Board should appraise its Executive Director's performance on bottom-line indicators such as these: � � � � � � The quality of the information and recommendations the administrator provides the board The financial health of the Commission Community support for the Commission Progress toward the Commission's strategic goals The Executive Director's success in achieving the goals set out in the previous evaluation How well the Executive Director fulfills the position's job responsibilities
Two Rules for Evaluating the Executive Director
1. Do it! Perform this great service to the group you represent.
2. Don't ask Commission staff to evaluate the Executive Director for the board. Staff
generally do not have the qualifications, and often use the opportunity to "vent" their frustrations, which often have nothing to do with the Executive Director's job performance.
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Board Meeting Procedures
1. The Board shall, in accordance with state open meeting laws, conduct no less than four (4) Business Meetings per fiscal year, three (3) which will be conducted in the community of residence of the majority of the Board membership, and one (1) which will be conducted in the community of residence of the minority membership. Videoconferencing is recognized as a viable option. A. Business Meetings will be held in January, July, May and November. 2. The Board shall conduct a minimum of one (1) town hall meeting per fiscal year. The purpose of the town hall meetings is to allow the public to address the
Commission.
A. Town hall meetings may begin with an abbreviated Business Meeting to allow the Board to address matters requiring their immediate action. B. Town hall meetings will, upon completion of the abbreviated Business Meeting, allow for comments from the public, in accordance with generally accepted public hearing protocol. All persons wishing to address the Commission may do so in writing or by a personal presentation at the time. The Chair of the Board shall determine time restraints on individual presentations, granting a minimum of three (3) minutes to each person. 3. All meetings, except Executive Sessions, are open to the public. Commission staff will be responsible for identifying meeting sites and informing members and the public in accordance with state open meeting laws.
Attendance
1. Board members will confirm with the designated administrative assistant with the Commission at least five (5) business days prior to the next Board meeting of their intention to attend or not. Board members are expected to attend all regular Board sessions and town hall meetings. Additional meetings will be scheduled if required by Commission Business. Board members who has accumulated three (3) unexcused absences from scheduled meetings of the full Board within a fiscal year or seven (7) unexcused absences during their three-year term will be asked to submit in writing their resignation from the Board to the Governor. Absences are determined to be excused or unexcused at the discretion of the Chair. 25
2.
3.
4.
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Elections
1. Elections shall be for only a two-year term. 2. Elections shall take place in the month of November. 3. Elections for the positions of Chair shall occur on odd years while elections for the Vice Chair shall occur on even years. 4. A three-member nominating committee shall be established by the Chair in a meeting prior to the November election. The nominating committee shall consist of one (1) member representing Deaf consumers, one (1) member representing Hard of Hearing consumer, and one (1) member representing any of the remaining consumer groups. 5. Members are required to have served on the Board for at least a year to be eligible for election to either the Chair or Vice Chair positions. 6. Upon an unscheduled vacancy of the Chair, the Vice Chair shall assume the position of the Chair for the remainder of the term. 7. In the event that there is a vacancy in the Vice Chair position, there shall be an immediate election to fill the position for the remainder of the term. 8. Officers shall take their elected seat in the following January.
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Running a Board Meeting
A short, productive meeting
Sound preparation is the most important thing a board member can do to make meetings more effective. Two weeks before the meeting, you will receive an agenda packet. Read it and all related materials carefully. If there is something you don't understand, contact the Executive Director before the board meeting for clarification.
Board meetings run according to the Open Meeting Law
The Open Meeting Law requires 24 hours' advance notice of agenda. The board's chairperson and executive director will put together a meeting agenda in advance of the meeting date. The agenda gives the board a clear plan of business for its meeting. You should receive the agenda in your pre-meeting packet. Asking that an item be placed on the meeting agenda at the last minute gives no one-- your board colleagues or the Executive Director--time to prepare. For the same reason, the category "Other Business" does not belong on a meeting agenda. It's not good decision-making to bring up important issues at the last minute. Send your agenda items and amendments to the Chair at least three (3) weeks prior to the Board meeting.
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Parliamentary Procedures at a Glance
To do this: Recess the meeting Complain about noise, room temperature, etc. Suspend further consideration of something End debate
You Say this:
May You Interrupt Speaker?
Must You be Seconded?
Is the Motion Debatable?
Is the Motion Amendable?
What Vote is Required?
"I move that we recess until..." "Point of privilege." "I move we table it."
No No No No No No No No No
Yes Yes Yes Yes Yes Yes Yes Yes Yes
No No1 No Yes Yes Yes Yes Yes No
Yes No No Yes Yes Yes Yes Yes Yes
Majority No vote required2 Majority 2/3 2/3 Majority, vote by speaker required Majority, vote by speaker required Majority Majority
"I call to the question." Postpone consideration "I move we of something postpone this matter until." Have something studied "I move we refer further this matter to a committee." Amend a motion "I move that this motion be amended by..." Introduce business (a "I move that..." primary motion) Adjourn the meeting "I move that we (before all business is adjourn." complete)3
1 2
In this case, any resulting motion is debatable. Chair decides. 3 These motions or points are listed in established order of precedence. When anyone of them is pending, you may not introduce another that's listed below it. But you may introduce another that's listed above it.
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Parliamentary Procedures (continued)
~
To do this:4
You Say this:
May You interrupt Speaker?
Must You be Seconded?
Is the Motion Debatable?
Is the Motion Amendable?
What Vote is Required?
Object to procedure or to a personal affront Request information Ask for a vote by actual count to verify a voice count Object to considering some undiplomatic or improper matter Take up a matter previously tabled Reconsider something already disposed of Consider something out of its scheduled order Vote on a ruling by the chairperson
"Point of order." Yes "Point of information." "I call for a division of the house." "I object to consideration of this question." "I move we take from the table..." "I move we now (or later) reconsider our action relative to..." "I move we suspend the rules and consider..." "I appeal the chairperson's decision." If urgent, Yes No 5 Yes No Yes No Yes No No No No Yes Yes Yes Yes No No No No No Yes if original motion is debatable No Yes No No No No No No No No
No vote needed, Chair decides No vote needed, Chair decides No vote required unless someone objects6 2/3 Majority Majority
2/3 Majority in the negative required to reverse chair's decision
The motions, point and proposals have no established order of precedence. Any of them may be introduced at any time except when the meeting is considering one of the top three matters listed in the chart (motion to adjourn, motion to recess, point of privilege).
5 6
4
But division must be called for before another motion is started. Then majority vote is required.
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Open Meeting Law
A.R.S. �38-401 � 38-431.09 Article 3.1 38-431 38-431.01 38-431.02 38-431.03 38-431.04 38-431.05 38-431.06 38-431.07 38-431.08 38-431.09 Public Meetings and Proceedings Definitions (p. 30) Meetings shall be open to the public (p. 31) Notice of meetings (p. 32) Executive sessions (p. 33) Writ of mandamus (p. 35) Meeting held in violation of article; business transacted null and void; ratification (p. 35) Investigations; written investigative demands (p. 35) Violations; enforcement; removal from office; in camera review (p. 36) Exceptions; limitation (p. 37) Declaration of public policy (p. 38)
38-431. Definitions In this article, unless the context otherwise requires: 1. "Advisory committee" means a committee that is officially established, upon motion and order of a public body or by the presiding officer of the public body, and whose members have been appointed for the specific purpose of making a recommendation concerning a decision to be made or considered or a course of conduct to be taken or considered by the public body. 2. "Executive session" means a gathering of a quorum of members of a public body from which the public is excluded for one or more of the reasons prescribed in section 38-431.03. In addition to the members of the public body, officers, appointees and employees as provided in section 38-431.03 and the auditor general as provided in section 41-1279.04, only individuals whose presence is reasonably necessary in order for the public body to carry out its executive session responsibilities may attend the executive session. 3. "Legal action" means a collective decision, commitment or promise made by a public body pursuant to the constitution, the public body's charter, bylaws or specified scope of appointment and the laws of this state. 4. "Meeting" means the gathering, in person or through technological devices, of a quorum of members of a public body at which they discuss, propose or take legal action, including any deliberations by a quorum with respect to such action. 5. "Political subdivision" means all political subdivisions of this state, including without limitation all counties, cities and towns, school districts and special districts. 6. "Public body" means the legislature, all boards and commissions of this state or political subdivisions, all multimember governing bodies of departments, agencies, institutions and
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instrumentalities of the state or political subdivisions, including without limitation all corporations and other instrumentalities whose boards of directors are appointed or elected by the state or political subdivision. Public body includes all quasi-judicial bodies and all standing, special or advisory committees or subcommittees of, or appointed by, such public body. 7. "Quasi-judicial body" means a public body, other than a court of law, possessing the power to hold hearings on disputed matters between a private person and a public agency and to make decisions in the general manner of a court regarding such disputed claims. 38-431.01. Meetings shall be open to the public A. All meetings of any public body shall be public meetings and all persons so desiring shall be permitted to attend and listen to the deliberations and proceedings. All legal action of public bodies shall occur during a public meeting. B. All public bodies, except for subcommittees and advisory committees, shall provide for the taking of written minutes or a recording of all their meetings, including executive sessions. For meetings other than executive sessions, such minutes or recording shall include, but not be limited to: 1. The date, time and place of the meeting. 2. The members of the public body recorded as either present or absent. 3. A general description of the matters considered. 4. An accurate description of all legal actions proposed, discussed or taken, and the names of members who propose each motion. The minutes shall also include the names of the persons, as given, making statements or presenting material to the public body and a reference to the legal action about which they made statements or presented material. C. Minutes of executive sessions shall include items set forth in subsection B, paragraphs 1, 2 and 3 of this section, an accurate description of all instructions given pursuant to section 38-431.03, subsection A, paragraphs 4, 5 and 7 and such other matters as may be deemed appropriate by the public body. D. The minutes or a recording shall be open to public inspection three working days after the meeting except as otherwise specifically provided by this article. E. All or any part of a public meeting of a public body may be recorded by any person in attendance by means of a tape recorder, camera or other means of sonic reproduction, provided that there is no active interference with the conduct of the meeting. F. The secretary of state for state public bodies, the city or town clerk for municipal public bodies and the county clerk for all other local public bodies shall distribute open meeting law materials prepared and approved by the attorney general to a person elected or appointed to a public body prior to the day that person takes office. G. A public body may make an open call to the public during a public meeting, subject to reasonable time, place and manner restrictions, to allow individuals to address the public body on any issue within the jurisdiction of the public body. At the conclusion of an open call to the
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public, individual members of the public body may respond to criticism made by those who have addressed the public body, may ask staff to review a matter or may ask that a matter be put on a future agenda. However, members of the public body shall not discuss or take legal action on matters raised during an open call to the public unless the matters are properly noticed for discussion and legal action. H. A member of a public body shall not knowingly direct any staff member to communicate in violation of this article. 38-431.02. Notice of meetings A. Public notice of all meetings of public bodies shall be given as follows: 1. The public bodies of the state shall file a statement with the secretary of state stating where all public notices of their meetings will be posted and shall give such additional public notice as is reasonable and practicable as to all meetings. 2. The public bodies of the counties, school districts and other special districts shall file a statement with the clerk of the board of supervisors stating where all public notices of their meetings will be posted and shall give such additional public notice as is reasonable and practicable as to all meetings. 3. The public bodies of the cities and towns shall file a statement with the city clerk or mayor's office stating where all public notices of their meetings will be posted and shall give such additional public notice as is reasonable and practicable as to all meetings. B. If an executive session will be held, the notice shall be given to the members of the public body, and to the general public, stating the specific provision of law authorizing the executive session. C. Except as provided in subsections D and E, meetings shall not be held without at least twentyfour hours' notice to the members of the public body and to the general public. D. In case of an actual emergency, a meeting, including an executive session, may be held upon such notice as is appropriate to the circumstances. If this subsection is utilized for conduct of an emergency session or the consideration of an emergency measure at a previously scheduled meeting the public body must post a public notice within twenty-four hours declaring that an emergency session has been held and setting forth the information required in subsections H and I. E. A meeting may be recessed and resumed with less than twenty-four hours' notice if public notice of the initial session of the meeting is given as required in subsection A, and if, prior to recessing, notice is publicly given as to the time and place of the resumption of the meeting or the method by which notice shall be publicly given. F. A public body which intends to meet for a specified calendar period, on a regular day, date or event during such calendar period, and at a regular place and time, may post public notice of such meetings at the beginning of such period. Such notice shall specify the period for which notice is applicable.
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G. Notice required under this section shall include an agenda of the matters to be discussed or decided at the meeting or information on how the public may obtain a copy of such an agenda. The agenda must be available to the public at least twenty-four hours prior to the meeting, except in the case of an actual emergency under subsection D. H. Agendas required under this section shall list the specific matters to be discussed, considered or decided at the meeting. The public body may discuss, consider or make decisions only on matters listed on the agenda and other matters related thereto. I. Notwithstanding the other provisions of this section, notice of executive sessions shall be required to include only a general description of the matters to be considered. Such agenda shall provide more than just a recital of the statutory provisions authorizing the executive session, but need not contain information that would defeat the purpose of the executive session, compromise the legitimate privacy interests of a public officer, appointee or employee, or compromise the attorney-client privilege. J. Notwithstanding subsections H and I, in the case of an actual emergency a matter may be discussed and considered and, at public meetings, decided, where the matter was not listed on the agenda provided that a statement setting forth the reasons necessitating such discussion, consideration or decision is placed in the minutes of the meeting and is publicly announced at the public meeting. In the case of an executive session, the reason for consideration of the emergency measure shall be announced publicly immediately prior to the executive session. K. Notwithstanding subsection H, the chief administrator or presiding officer of a public body may present a brief summary of current events without listing in the agenda the specific matters to be summarized, provided that: 1. The summary is listed on the agenda. 2. The public body does not propose, discuss, deliberate or take legal action at that meeting on any matter in the summary unless the specific matter is properly noticed for legal action.
38-431.03. Executive sessions
A. Upon a public majority vote of the members constituting a quorum, a public body may hold an executive session but only for the following purposes: 1. Discussion or consideration of employment, assignment, appointment, promotion, demotion, dismissal, salaries, disciplining or resignation of a public officer, appointee or employee of any public body, except that, with the exception of salary discussions, an officer, appointee or employee may demand that the discussion or consideration occur at a public meeting. The public body shall provide the officer, appointee or employee with written notice of the executive session as is appropriate but not less than twenty-four hours for the officer, appointee or employee to determine whether the discussion or consideration should occur at a public meeting. 2. Discussion or consideration of records exempt by law from public inspection, including the receipt and discussion of information or testimony that is specifically required to be maintained as confidential by state or federal law. 3. Discussion or consultation for legal advice with the attorney or attorneys of the public body.
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4. Discussion or consultation with the attorneys of the public body in order to consider its position and instruct its attorneys regarding the public body's position regarding contracts that are the subject of negotiations, in pending or contemplated litigation or in settlement discussions conducted in order to avoid or resolve litigation. 5. Discussions or consultations with designated representatives of the public body in order to consider its position and instruct its representatives regarding negotiations with employee organizations regarding the salaries, salary schedules or compensation paid in the form of fringe benefits of employees of the public body. 6. Discussion, consultation or consideration for international and interstate negotiations or for negotiations by a city or town, or its designated representatives, with members of a tribal council, or its designated representatives, of an Indian reservation located within or adjacent to the city or town. 7. Discussions or consultations with designated representatives of the public body in order to consider its position and instruct its representatives regarding negotiations for the purchase, sale or lease of real property. B. Minutes of and discussions made at executive sessions shall be kept confidential except from: 1. Members of the public body which met in executive session. 2. Officers, appointees or employees who were the subject of discussion or consideration pursuant to subsection A, paragraph 1 of this section. 3. The auditor general on a request made in connection with an audit authorized as provided by law. 4. A county attorney or the attorney general when investigating alleged violations of this article. C. The public body shall instruct persons who are present at the executive session regarding the confidentiality requirements of this article. D. Legal action involving a final vote or decision shall not be taken at an executive session, except that the public body may instruct its attorneys or representatives as provided in subsection A, paragraphs 4, 5 and 7 of this section. A public vote shall be taken before any legal action binds the public body. E. Except as provided in section 38-431.02, subsections I and J, a public body shall not discuss any matter in an executive session which is not described in the notice of the executive session. F. Disclosure of executive session information pursuant to this section or section 38-431.06 does not constitute a waiver of any privilege, including the attorney-client privilege. Any person receiving executive session information pursuant to this section or section 38-431.06 shall not disclose that information except to the attorney general or county attorney, by agreement with the public body or to a court in camera for purposes of enforcing this article. Any court that reviews executive session information shall take appropriate action to protect privileged information.
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38-431.04. Writ of mandamus Where the provisions of this article are not complied with, a court of competent jurisdiction may issue a writ of mandamus requiring that a meeting be open to the public. 38-431.05. Meeting held in violation of article; business transacted null and void; ratification A. All legal action transacted by any public body during a meeting held in violation of any provision of this article is null and void except as provided in subsection B. B. A public body may ratify legal action taken in violation of this article in accordance with the following requirements: 1. Ratification shall take place at a public meeting within thirty days after discovery of the violation or after such discovery should have been made by the exercise of reasonable diligence. 2. The notice for the meeting shall include a description of the action to be ratified, a clear statement that the public body proposes to ratify a prior action and information on how the public may obtain a detailed written description of the action to be ratified. 3. The public body shall make available to the public a detailed written description of the action to be ratified and all deliberations, consultations and decisions by members of the public body that preceded and related to such action. The written description shall also be included as part of the minutes of the meeting at which ratification is taken. 4. The public body shall make available to the public the notice and detailed written description required by this section at least seventy-two hours in advance of the public meeting at which the ratification is taken. 38-431.06. Investigations; written investigative demands A. On receipt of a written complaint signed by a complainant alleging a violation of this article or on their own initiative, the attorney general or the county attorney for the county in which the alleged violation occurred may begin an investigation. B. In addition to other powers conferred by this article, in order to carry out the duties prescribed in this article, the attorney general or the county attorney for the county in which the alleged violation occurred, or their designees, may: 1. Issue written investigative demands to any person. 2. Administer an oath or affirmation to any person for testimony. 3. Examine under oath any person in connection with the investigation of the alleged violation of this article. 4. Examine by means of inspecting, studying or copying any account, book, computer, document, minutes, paper, recording or record.
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5. Require any person to file on prescribed forms a statement or report in writing and under oath of all the facts and circumstances requested by the attorney general or county attorney. C. The written investigative demand shall: 1. Be served on the person in the manner required for service of process in this state or by certified mail, return receipt requested. 2. Describe the class or classes of documents or objects with sufficient definiteness to permit them to be fairly identified. 3. Prescribe a reasonable time at which the person shall appear to testify and within which the document or object shall be produced and advise the person that objections to or reasons for not complying with the demand may be filed with the attorney general or county attorney on or before that time. 4. Specify a place for the taking of testimony or for production of a document or object and designate a person who shall be the custodian of the document or object. D. If a person objects to or otherwise fails to comply with the written investigation demand served on the person pursuant to subsection C, the attorney general or county attorney may file an action in the superior court for an order to enforce the demand. Venue for the action to enforce the demand shall be in Maricopa county or in the county in which the alleged violation occurred. Notice of hearing the action to enforce the demand and a copy of the action shall be served on the person in the same manner as that prescribed in the Arizona rules of civil procedure. If a court finds that the demand is proper, including that the compliance will not violate a privilege and that there is not a conflict of interest on the part of the attorney general or county attorney, that there is reasonable cause to believe there may have been a violation of this article and that the information sought or document or object demanded is relevant to the violation, the court shall order the person to comply with the demand, subject to modifications the court may prescribe. If the person fails to comply with the court's order, the court may issue any of the following orders until the person complies with the order: 1. Adjudging the person in contempt of court. 2. Granting injunctive relief against the person to whom the demand is issued to restrain the conduct that is the subject of the investigation. 3. Granting other relief the court deems proper. 38-431.07. Violations; enforcement; removal from office; in camera review A. Any person affected by an alleged violation of this article, the attorney general or the county attorney for the county in which an alleged violation of this article occurred may commence a suit in the superior court in the county in which the public body ordinarily meets, for the purpose of requiring compliance with, or the prevention of violations of, this article, by members of the public body, or to determine the applicability of this article to matters or legal actions of the public body. For each violation the court may impose a civil penalty not to exceed five hundred dollars against a person who violates this article or who knowingly aids, agrees to aid or attempts to aid another person in violating this article and order such equitable relief as it deems appropriate in the circumstances. The civil penalties awarded pursuant to this section shall be
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deposited into the general fund of the public body concerned. The court may also order payment to a successful plaintiff in a suit brought under this section of the plaintiff's reasonable attorney fees, by the defendant state, the political subdivision of the state or the incorporated city or town of which the public body is a part or to which it reports. If the court determines that a public officer with intent to deprive the public of information violated any provision of this article the court may remove the public officer from office and shall assess the public officer or a person who knowingly aided, agreed to aid or attempted to aid the public officer in violating this article, or both, with all of the costs and attorney fees awarded to the plaintiff pursuant to this section. B. A public body shall not expend public monies to employ or retain legal counsel to provide legal services or representation to the public body or any of its officers in any legal action commenced pursuant to any provisions of this article, unless the public body has authority to make such expenditure pursuant to other provisions of law and takes a legal action at a properly noticed open meeting approving such expenditure prior to incurring any such obligation or indebtedness. C. In any action brought pursuant to this section challenging the validity of an executive session, the court may review in camera the minutes of the executive session, and if the court in its discretion determines that the minutes are relevant and that justice so demands, the court may disclose to the parties or admit in evidence part or all of the minutes. 38-431.08. Exceptions; limitation A. This article does not apply to: 1. Any judicial proceeding of any court or any political caucus of the legislature. 2. Any conference committee of the legislature, except that all such meetings shall be open to the public. 3. The commissions on appellate and trial court appointments and the commission on judicial qualifications. 4. Good cause exception determinations and hearings conducted by the board of fingerprinting pursuant to section 41-619.55. B. A hearing held within a prison facility by the board of executive clemency is subject to this article, except that the director of the state department of corrections may: 1. Prohibit, on written findings that are made public within five days of so finding, any person from attending a hearing whose attendance would constitute a serious threat to the life or physical safety of any person or to the safe, secure and orderly operation of the prison. 2. Require a person who attends a hearing to sign an attendance log. If the person is over sixteen years of age, the person shall produce photographic identification which verifies the person's signature. 3. Prevent and prohibit any articles from being taken into a hearing except recording devices, and if the person who attends a hearing is a member of the media, cameras.
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4. Require that a person who attends a hearing submit to a reasonable search on entering the facility. C. The exclusive remedies available to any person who is denied attendance at or removed from a hearing by the director of the state department of corrections in violation of this section shall be those remedies available in section 38-431.07, as against the director only. D. Either house of the legislature may adopt a rule or procedure pursuant to article IV, part 2, section 8, Constitution of Arizona, to provide an exemption to the notice and agenda requirements of this article or to allow standing or conference committees to meet through technological devices rather than only in person. 38-431.09. Declaration of public policy It is the public policy of this state that meetings of public bodies be conducted openly and that notices and agendas be provided for such meetings which contain such information as is reasonably necessary to inform the public of the matters to be discussed or decided. Toward this end, any person or entity charged with the interpretations of this article shall construe any provision of this article in favor of open and public meetings.
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Public Representation of the Commission
All representations made to the Arizona State Legislature, city municipalities, and the U.S. Congress by Commission members must be either an approved position of the Commission or clearly identified as personal opinion.
A.
It is the responsibility of the Executive Director to inform the Board, in a timely manner and in writing, of legislation, rules or regulations promulgated by the State Legislature, the Governor, or any state agency or entity affecting issues of concern to Deaf and Hard of Hearing persons. The Executive Director and Board members, when asked by such political entities and elected officials, shall express only the position of the Commission on issues where the Board has, by a vote in open meeting, taken a position on these particular issues.
B.
1. All Commission members, when offering personal opinions, will mention
whether the Commission has taken a formal position of the particular issue or not.
2. All Commission staff, when offering personal opinions, will give the
Commission's position on the same occasion.
3. It shall be the responsibility of the Executive Director to provide the Board with
copies of personal opinions written by Commission members and delivered to any officials or appointed staff.
C.
As a State Agency, this policy does not prohibit the Executive Director and Commission staff from providing information, data, and other resource materials to members of the public and governmental offices. The Executive Director will issue to Board members any and all printed information regarding newly introduced bills and provide copies of the bills before the State Legislature and other governmental bodies, including the U.S. Congress, that address issues of concern in the Deaf and Hard of Hearing community immediately.
D.
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Travel Reimbursement
In accordance with A.R.S. �36-1941 E, "Members of the Commission shall receive no compensation but shall be reimbursed for expenses pursuant to Title 38, Chapter 4, Article 2." The following policy was made effective by the Board on January 30, 1991, and shall be administered by the Executive Director. 1. Board members shall be reimbursed in accordance with current Department of Administration rates for transportation, meals, and lodging for: A. B. C. 2. Business and town hall meetings called by the Chair of the Board Special meetings called by the Chair Subcommittee meetings held pursuant to current Arizona Open Meeting Laws
Board Members requesting reimbursement for travel, lodging, and meals to attend meetings other than those listed above shall request prior authorization for such reimbursement from the Executive Director. The Executive Director, in compliance with A.R.S. �38-4, shall be the final approving authority to determine authorization for travel submitted by Board Members who wish to attend meetings other than those specifically called by the Chair or coordinated by the Commission staff. The Executive Director shall reference A.R.S. �38-4 and, in order to determine feasibility for reimbursement, require that all three of the following are met: A. B. C. The purpose of attending the meeting is to represent the Commission The meeting addresses issues directly related to Commission business There are sufficient agency funds available
3.
4.
Please refer to the current state travel reimbursement form. If a copy is not provided here, you can request one from the Business Manager.
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Writing a Position Paper
The criteria for any position paper being brought to the attention of the Board is: � The name of the author(s)/organization(s) taking the position must be disclosed � Contact information for the author(s)/organization(s) taking the position must be provided Position papers containing hearsay or unsubstantiated claims will be rejected. The following outline can be used to guide small committees or individuals through writing up recommendations to present to the Board. I. Statement of Problem This should be a concise description of the problem, i.e. "City Hall has no loop system "or" County Attorney's Office refuses to pay for interpreters". Background This section should describe specifically who, what, and where the problem is and its negative impact. Names, telephone numbers, and any written correspondence relating to the problem should be mentioned and attached. Research and information Possible Solutions This section should explain, in brief sentences, the most effective solution(s) or means to address the problem. Statement of Position and Recommendations
II.
III. IV.
V.
NOTE: To be included on the agenda, the position paper must be submitted to the Executive Director three (3) weeks prior to the Board meeting.
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Risk Management
As a Board member, your obligation is to act in good faith and in the best interests of the organization. You should know whether your Commission's policies are up-to-date and in compliance with non-discrimination and employment laws. Here are a few rules for managing your liability as a Board member*: Attend meetings and pay attention. Be an active participant. Liability comes from negligence or not doing the job as it should be done. That's why your meeting attendance is crucial. You can be held responsible for Board actions taken even in your absence. � Keep minutes for all Board meetings. � Review meeting minutes for accuracy and register--in writing--any disagreements � Keep minutes for all committee meetings as well � Pay attention to financial reports � Be sure that you have accurate and correct information, and understand issues before making decisions Know and follow your policies and governing documents. The Board should have two sets of policies--one governing the Board and its operations and the other providing direction for the Commission. Failure to abide by Board policy or applying it inconsistently are common sources of litigation. � Review Board policies each year and update them to reflect new laws � Be sure that meetings are announced, that meetings are held regularly, and that Board members are appointed properly Know the laws that apply to the Commission. Many state and federal equal employment regulations affect Commission personnel policies, especially those that relate to staff hiring and firing, family and medical leave, and accommodations for the disabled. State and federal laws also limit lobbying and political activity by the Commission. Take the time to review and understand these limitations. Review the executive director's performance each year. That's how you can help determine how well the organization is meeting its mission. Avoid conflicts of interest. Board members who benefit financially from a Board decision should be able to prove that the decision was made in good faith. Request counsel when necessary. Seek an attorney's opinion for questions of law. Use auditors, accountants and other professionals to make sure your Board is making good decisions. Ask the Commission's attorney to discuss Board liability with the Board.
*
A.R.S. �41-621 offers the Board full coverage for liability and casualty occurrences, so long as the Board performs within the course and scope of their duties.
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Article 3.1 41-621 41-621.01
Risk Management Purchase of Insurance; coverage; limitations; exclusions; definitions (p. 43) Contractors or subcontractors; pooling of property, liability and workers' compensation coverage; exemptions; board of trustees; contract; termination; audit; insolvency (p. 48)
CHAPTER 3.1 - RISK MANAGEMENT Article 1 - Insurance; Uninsured Losses
41-621. Purchase of insurance; coverage; limitations; exclusions; definitions A. The department of administration shall obtain insurance against loss, to the extent it is determined necessary and in the best interests of the state as provided in subsection F of this section, on the following: 1. All state owned buildings, including those of the universities, excluding buildings of community colleges, whether financed in whole or in part by state monies or buildings in which the state has an insurable interest as determined by the department of administration. 2. Contents in any buildings owned, leased or rented, in whole or in part, by or to the state, excluding buildings of community colleges, and reported to the department of administration. 3. The state and its departments, agencies, boards and commissions and all officers, agents and employees thereof and such others as may be necessary to accomplish the functions or business of the state and its departments, agencies, boards and commissions against liability for acts or omissions of any nature while acting in authorized governmental or proprietary capacities and in the course and scope of employment or authorization except as prescribed by this chapter. 4. All personal property reported to the department of administration, including vehicles and aircraft owned by the state and its departments, agencies, boards and commissions and all nonowned personal property which is under the clear responsibility of this state because of written leases or other written agreements. 5. The state and its departments, agencies, boards and commissions against casualty, use and occupancy and liability losses of every nature except as prescribed by this chapter. 6. Workers' compensation and employers' liability insurance. 7. Design and construction of buildings, roads, environmental remediations and other construction projects. 8. Other exposures to loss where insurance may be required to protect this state and its departments, agencies, boards and commissions and all officers, agents and employees acting in the course and scope of employment or authorization except as prescribed by this chapter.
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B. To the extent it is determined necessary and in the best interests of the state, the department of administration shall obtain insurance or provide for state self-insurance against property damage caused by clients and liability coverage resulting from, the direct or incidental care of clients participating in programs of the state and its departments, agencies, boards or commissions relating to custodial care. The insurable programs shall include foster care, programs for the developmentally disabled, an independent living program pursuant to section 8-521 and respitesitter service programs. The department shall obtain insurance or provide for state self-insurance pursuant to this subsection to protect the clients participating in these programs and individual providers of these program services on behalf of the state and its departments, agencies, boards or commissions. The insurance provided under this subsection does not include medical or workers' compensation coverage for providers. The department may include in its annual budget request pursuant to section 41-622, subsection D a charge for the insurance or self-insurance provided in this subsection. To assist in carrying out the provisions of this subsection, the department shall establish a seven member advisory board in accordance with the following provisions: 1. The board shall consist of three members appointed by the director of the department of administration, at least one of whom shall be a foster parent, two members appointed by the director of the department of economic security, one member appointed by the director of the state department of corrections, and one member appointed by the administrative director of the courts. 2. The board shall elect a chairman from among its members. 3. The board shall hold at least two meetings a year or shall meet at the call of the chairman. 4. Board members shall serve for three year terms. 5. Board members are not eligible to receive compensation but are eligible for reimbursement of expenses pursuant to title 38, chapter 4, article 2. 6. The board shall provide advice to the department regarding coverage and administration of the provisions of this subsection and shall assist the department in coordinating its activities pursuant to this subsection with state departments, agencies, boards and commissions. C. The department of administration may obtain insurance against loss, to the extent it is determined necessary and in the best interests of the state as provided in subsection F of this section for the professional liability of individual physicians and psychiatrists who provide services under a contract with the state department of corrections. Coverage is limited to acts and omissions committed inside a state department of corrections facility while in the performance of the contract and to individual physicians and psychiatrists who demonstrate to the satisfaction of the state department of corrections that they cannot otherwise obtain professional liability coverage for the services required by the contract. The director of the department of administration may impose on the state department of corrections a deductible of not more than ten thousand dollars per loss that arises out of a professional liability claim pursuant to this subsection. Deductible amounts established by the director shall be subject to annual review by the joint legislative budget committee. D. The department of administration may obtain property, liability, disability or workers' compensation insurance, self-insure or develop risk retention pools to provide for payment of property loss or casualty claims or disability insurance claims against contractors of this state with the approval of the joint legislative budget committee. With respect to insurance, self-
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insurance or risk retention pools for contractors licensed and contracted to do work for this state, the coverage afforded applies with respect to the conduct of the business entity of that contractor. The pool is available to all contractors regardless of the amount that the state contracted work bears in relation to the amount of nonstate contracted work. The contractor shall be terminated from the pool if the contractor ceases to be a state contractor. E. The department of administration may determine, in the best interests of the state, that state self-insurance is necessary or desirable and, if that decision is made, shall provide for state selfinsurance for losses arising out of state property, liability or workers' compensation claims prescribed by subsection A of this section. If the department of administration provides state selfinsurance, such coverage shall be excess over any other valid and collectible insurance. The director of the department of administration may impose on state departments, agencies, boards and commissions a deductible of not more than ten thousand dollars per loss that arises out of a property, liability or workers' compensation loss pursuant to this subsection. Deductible amounts established by the director shall be subject to annual review by the joint legislative budget committee. F. In carrying out the provisions of this chapter, the department of administration shall establish and provide the state with some or all of the necessary risk management services, or shall contract for risk management services pursuant to chapter 23 of this title, as the director of the department of administration deems necessary in the best interest of the state, and may, in addition to other specifications of such coverage as deemed necessary, determine self-insurance to be established. The provisions of chapter 23 of this title shall not apply to the department of administration's procurement of insurance to cover losses arising out of state property or liability claims prescribed in subsections A and D of this section or excess loss insurance for the state's workers' compensation liability for individual or aggregate claims, or both, in such amounts and at such primary retention levels as the department of administration deems in the best interest of the state. In purchasing insurance to cover losses arising out of state property or liability claims prescribed by subsection A of this section, the department of administration is not subject to the provisions of title 20, chapter 2, article 5. G. No successful bidder for risk management services pursuant to this section shall be entitled to receive directly or indirectly any sales commission, contingent commission, excess profit commission, or other commissions, or anything of value, as payment for the risk management services except those amounts received directly from this state as payment for the risk management services. H. The department of administration shall pay for purchased risk management services, premiums for insurance on state property and state liability and workers' compensation pursuant to the provisions of this chapter. I. A state officer, agent or employee acting in good faith, without wanton disregard of his statutory duties and under the authority of an enactment that is subsequently declared to be unconstitutional, invalid or inapplicable is not personally liable for an injury or damage caused thereby except to the extent that he would have been personally liable had the enactment been constitutional, valid and applicable. J. A state officer, agent or employee, except as otherwise provided by statute, is not personally liable for an injury or damage resulting from his act or omission in a public official capacity where the act or omission was the result of the exercise of the discretion vested in him if the exercise of the discretion was done in good faith without wanton disregard of his statutory duties.
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K. The state and its departments, agencies, boards and commissions are immune from liability for losses arising out of a judgment for willful and wanton conduct resulting in punitive or exemplary damages. L. The following exclusions shall apply to subsections A, B and E of this section: 1. Losses against this state and its departments, agencies, boards and commissions that arise out of and are directly attributable to an act or omission determined by a court to be a felony by a person who is provided coverage pursuant to this article unless the state knew of the person's propensity for that action, except those acts arising out of the operation or use of a motor vehicle. 2. Losses arising out of contractual breaches. M. If self-insurance coverage is determined to exist, the attorney general, with funds provided by the department of administration, shall provide for the defense, either through his office or by appointment of outside legal counsel, of the state and its departments, agencies, boards and commissions and all officers, agents and employees thereof and such others as are insured by the department of administration for or on account of their acts or omissions covered pursuant to this chapter. All state departments, agencies, boards and commissions, all officers, agents and employees thereof and such others as are insured by the department of administration shall cooperate fully with the attorney general and department of administration in the defense of claims arising pursuant to this chapter. N. A claim for liability damages made pursuant to this chapter may be settled and payment made up to the amount of twenty-five thousand dollars or such higher limit as may be established by the joint legislative budget committee with the approval of the director of the department of administration. A claim over the amount of twenty-five thousand dollars up to fifty thousand dollars or such higher limit as may be established by the joint legislative budget committee may be settled and payment made with the approval of the director of the department of administration and the attorney general. Any claim over the amount of fifty thousand dollars or such higher limit as may be established by the joint legislative budget committee may be settled and payment made with the approval of the director of the department of administration, the attorney general and the joint legislative budget committee. If it is in the best interest of this state, the joint legislative budget committee may establish higher settlement limits. Any settlements involving amounts in excess of fifty thousand dollars or such higher limit as may be established by the joint legislative budget committee shall be approved by the department of administration, the attorney general and the joint legislative budget committee pursuant to the authority granted. The settlement of liability claims shall be solely the authority of the department of administration, the attorney general and the joint legislative budget committee. No state department, agency, board or commission or any officer, agent or employee of this state may voluntarily make any payment, assume any obligation, incur any expense or maintain the individual right of consent for liability claims made pursuant to this chapter except as provided by this section. O. Neither the authority provided by this section to insure, nor the exercise of such authority, shall: 1. Impose any liability on this state or the departments, agencies, boards and commissions or any officers, agents and employees of this state unless such liability otherwise exists.
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2. Impair any defense this state or the departments, agencies, boards and commissions or any officers, agents and employees of this state otherwise may have. P. The department of administration shall pay, on behalf of any state officer, agent or employee, any damages, excluding punitive damages, for which the officer, agent or employee becomes legally responsible if the acts or omissions resulting in liability were within the officer's, agent's or employee's course and scope of employment. The department of administration may pay for all damages however designated which the officer, agent or employee becomes legally responsible for if the acts or omissions resulting in liability are determined by the director of the department of administration to be within the person's course and scope of employment. Q. The department of administration shall adopt such rules as are deemed necessary to carry out, implement and limit the provisions of this chapter. R. For purposes of determining whether a state officer, agent or employee is entitled to coverage under this chapter, "within the course and scope of employment or authorization" means: 1. The acts or omissions that the state officer, agent or employee is employed or authorized to perform. 2. The acts or omissions of the state officer, agent or employee occur substantially within the authorized time and space limit. 3. The acts or omissions are activated at least in part by a purpose to serve this state or its departments, agencies, boards or commissions. S. To the extent it is determined necessary and in the best interest of this state, the department of administration may obtain design and construction insurance or provide for self-insurance against property damage caused by this state, its departments, agencies, boards and commissions and all officers and employees of this state in connection with the construction of public works projects. Workers' compensation liability insurance may be purchased to cover both general contractors and subcontractors doing work on a specific contracted work site. The department may include in its annual budget request, pursuant to section 41-622, subsection D, the cost of the insurance purchased or provided. In connection with the construction of public works projects, the department of administration may also use an owner-controlled or wrap-up insurance program if all of the following conditions are met: 1. The total cost of the project is over fifty million dollars. 2. The program maintains completed operations coverage for a term during which coverage is reasonably commercially available as determined by the director of the department of insurance, but in no event for less than three years. 3. Bid specifications clearly specify for all bidders the insurance coverage provided under the program and the minimum safety requirements that shall be met. 4. The program does not prohibit a contractor or subcontractor from purchasing any additional insurance coverage that a contractor believes is necessary for protection from any liability arising out of the contract. The cost of the additional insurance shall not be passed through to this state on a contract bid.
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5. The program does not include surety insurance. 6. The state may purchase an owner-controlled or wrap-up policy that has a deductible or selfinsured retention as long as the deductible or self-insured retention does not exceed one million dollars. T. For purposes of subsection S of this section: 1. "Owner-controlled or wrap-up insurance" means a series of insurance policies issued to cover this state and all of the contractors, subcontractors, architects and engineers on a specified contracted work site for purposes of general liability, property damage and workers' compensation. 2. "Specific contracted work site" means construction being performed at one site or a series of contiguous sites separated only by a street, roadway, waterway or railroad right-of-way, or along a continuous system for the provision of water and power. 41-621.01. Contractors or subcontractors; pooling of property, liability and workers' compensation coverage; exemptions; board of trustees; contract; termination; audit; insolvency A. Pursuant to section 41-621, subsection D and section 41-622.01 two or more contractors or subcontractors licensed to do work for this state or any political subdivision of this state may with the approval of the department of administration enter into contracts or agreements pursuant to this section for the joint purchase of insurance, to pool retention of their risks for property and liability losses and to provide for the payment of the property loss or claim of liability made against any member of the pool on a cooperative or contract basis with one another or may jointly form a Commission corporation or enter into a trust agreement to carry out the provisions of this section in their behalf directly or by contract with a private party, if the department of administration has determined to sanction such a pool. Two or more contractors may enter into contracts or agreements pursuant to this section to establish a separate workers' compensation pool to provide for the payment of workers' compensation claims pursuant to title 23, chapter 6 on a cooperative or contract basis with one another or may jointly form a Commission corporation or enter into a trust agreement to carry out the provisions of this section in their behalf directly or by contract with a private party. A workers' compensation pool established pursuant to this subsection may only provide coverage for workers' compensation, employers' liability and occupational disease claims. A workers' compensation pool is a separate entity which is subject to approval as a self-insurer by the industrial commission pursuant to section 23-961, subsection A, paragraph 2 and is subject to title 23, chapter 6 and rules adopted pursuant to that chapter in addition to the requirements of this section. B. Section 10-11301 does not apply to Commission corporations formed pursuant to this section. C. Chapter 23 of this title does not apply to the procurement of insurance or to the procurement of the services provided for in subsection G, paragraph 8 of this section by any pool established pursuant to this section. D. Title 43 does not apply to any pool established pursuant to this section. Any pool established pursuant to this section is exempt from taxation under title 43.
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E. Each pool shall be operated by a board of trustees consisting of at least five members, the majority of whom shall be elected officials or employees of the state. The board of trustees of each group shall do all of the following: 1. Establish terms and conditions of coverage within the pool including exclusions of coverage. 2. Ensure that all claims are paid promptly. 3. Take all necessary precautions to safeguard the assets of the group. 4. Maintain minutes of its meetings. 5. Designate an administrator to carry out the policies established by the board of trustees and to provide day to day management of the group and delineate in the written minutes of its meetings the areas of authority it delegates to the administrator. 6. Notify the director of the department of insurance of the existence of the pool and file a copy of the agreement with him and with the attorney general. 7. If the pool is a workers' compensation pool, file a copy of the agreement with the director of the industrial commission. F. The board of trustees shall not: 1. Extend credit to individual members for payment of a premium except pursuant to payment plans established by the board. 2. Borrow any monies from the group or in the name of the group except in the ordinary course of business. G. A contract or agreement made pursuant to subsection A of this section shall contain the following: 1. A provision for a system or program of loss control. 2. A provision for termination of membership including either: (a) Cancellation of individual members of the pool by the pool. (b) Election by an individual member of the pool to terminate its participation. 3. A provision requiring the pool to pay all claims for which each member incurs liability during each member's period of membership. 4. A provision stating that each member is not relieved of its liability incurred during the member's period of membership except through the payment of losses by the pool or by the member. 5. A provision for the maintenance of claims reserves equal to known incurred losses and an estimate of incurred but not reported claims. 6. A provision for a final accounting and settlement of the obligations of or refunds to a terminating member to occur when all incurred claims are concluded, settled or paid.
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7. A provision that the pool may establish offices where necessary in this state and employ necessary staff to carry out the purposes of the pool. 8. A provision that the pool may retain legal counsel, actuaries, auditors, engineers, private consultants and advisors. 9. A provision that the pool may make and alter bylaws and rules pertaining to the exercise of its purpose and powers. 10. A provision that the pool may purchase, lease or rent real and personal property it deems necessary. 11. A provision that the pool shall enter into a financial services agreement with banks and that it may issue checks in its own name. H. A pool or a terminating member shall provide at least ninety days' written notice of the termination or cancellation. A workers' compensation pool shall notify the industrial commission of the termination or cancellation of a member thirty days before the termination or cancellation of the member. I. The pool shall be audited annually at the expense of the pool by a certified public accountant, with a copy of the report submitted to the governing body or chief executive officer of each member of the pool and to the director of the department of insurance. The board of trustees of the pool shall obtain an appropriate actuarial evaluation of the claim reserves of the pool including an estimate of the incurred but not reported claims. The department of insurance shall examine each contractor pool once every three years. The director of the department of insurance may examine a contractor pool sooner than three years from the preceding examination if the director has reason to believe that the pool is insolvent. The costs of any examination shall be paid by the pool subject to the examination. J. If, as a result of the annual audit or an examination by the director of the department of insurance, it appears that the assets of the pool are insufficient to enable the pool to discharge its legal liabilities and other obligations, the director of the department of insurance shall notify the administrator and the board of trustees of the pool of the deficiency and provide the director's list of recommendations to abate the deficiency, including a recommendation not to add any new members until the deficiency is abated. If the pool fails to comply with the recommendations within sixty days after the date of the notice, the director shall notify the chief executive officer or the governing bodies, if any, of the members of the pool, the governor, the president of the senate and the speaker of the house of representatives that the pool has failed to comply with the recommendations of the director. K. If a pool is determined to be insolvent or is otherwise found to be unable to discharge its legal liabilities and other obligations, each agreement or contract shall provide that the members of the pool shall be assessed on a pro rata basis as calculated by the amount of each member's annual contribution in order to satisfy the amount of deficiency. The assessment shall not exceed the amount of each member's annual contribution to the pool. L. If a workers' compensation pool fails to comply with title 23, chapter 6 or rules adopted pursuant to that chapter, the director of the industrial commission shall immediately notify the director of the department of administration and the director of the department of insurance.
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The Commission at a Glance
The Arizona Commission for the Deaf and the Hard of Hearing was established in 1977 as a state agency to address the needs and concerns of Arizona's Deaf and Hard of Hearing population. The Commission is governed by a 14-member board of directors appointed by the governor for a term of three years, with all programs and daily operations administered by an executive director and a staff of 11. Daily operations include information and referral, telecommunications relay service administration, no-cost telecommunications equipment distribution, and interpreting certification and licensing. The Commission publishes a quarterly newsletter, produces a weekly 30-minute television program, and maintains a website and an email list. Throughout the state, the Commission promotes consumer education by conducting seminars and workshops and exhibiting an information booth at major events. The Commission has an annual budget of approximately $5.7 million, coming from the Telecommunication Fund for the Deaf. The Commission has been eligible in the past several years for monies from a special fund known as the 10% Governor's Discretionary Fund, which set aside approximately $40,000 for FY2002.
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Sherri Collins Executive Director
Claudia Foy Deputy Director
Lynn Wakefield
Business Manager
Heidi Lervik
Hard of Hearing Specialist
Deb Stone
Deaf Specialist
Rob Voreck
Licensing and Certification Coordinator
Christi Samaniego
Information Resources Specialist
Edward Kinal
TRS Administrator
Zaida Morales
Administrative Assistant
Tiffany Herman
Administrative Assistant
Jeanne Lambert
Database Specialist
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Commission Duties
The Commission shall act as a bureau of information on the Deaf and the Hard of Hearing. In their capacity, the Commission staff shall: 1. Inform the Deaf and Hard of Hearing of the availability of programs and activities of the Commission and other services available at all levels of government. 2. Develop and foster a framework for consultation and cooperation with all state agencies and institutions represented on the Commission. 3. Study the issues concerning Deaf and Hard of Hearing people of all ages and periodically review the administration and operation of various programs for the Deaf and Hard of Hearing of all ages. 4. Administer the contract for the statewide distribution of telecommunications devices. 5. Administer the contract for the statewide 24-hour, 7-day telecommunications relay service. 6. Communicate all necessary information to the Board regarding new Commission appointees, staff activities, and community activities. 7. Submit an annual report to the Board for submission to the Governor and Legislature concerning its findings and recommendations.
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Chronology
How the Commission got to where it is today: 1976 � 1977 � 1978 � � � � � 1979 � � � 1980 � 1981 � 1982 � 1983 � � 1984 � 1985 � � 1986 Statewide TTY project & relay service are legislated State renames ACD the Arizona Council for the Hearing Impaired Begins having awareness booths at community events Public Service Announcements (PSAs) are developed for the first time Assists in the establishment of IQAS (Interpreter Quality Assurance System) Inaugural publication of the state TTY directory Third staff position is created: Typist Toll free number for the office is established News bulletin, known today as Clear Channels, starts distribution Statewide 24-hour emergency TTY service is implemented State law on service dogs expands to include the deaf and hard of hearing State Legislature funds the Arizona Council for the Deaf First staff is hired: An executive director and an administrative assistant "Sign Out," a weekly 30-minute TV program begins Budget is $55,000 Office is located in Phoenix State Legislature establishes the Arizona Council for the Deaf Summer conference determines the need for a state advocacy organization
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� � 1987 � 1988 � � 1989 � 1990 � 1992 � � 1996 � 1998 � � 2000 � � 2001 � 2002 � � �
Fourth staff position is created: TTY distribution project coordinator TTY project gets underway with three choices of equipment Relay service begins Supports legislation for newborn screening program AZRS handles an average of 21,000 calls per year Two research analyst positions are created Seventh staff position is created: TTY project assistant ACHI moves next door to its present offices AZRS handles its three-millionth call Eight staff positions, $4.9 million budget First deaf executive director Deaf specialist staff position is created State renames ACHI the Arizona Commission for the Deaf and the Hard of Hearing Hard of Hearing specialist staff position is created Interpreter certification and licensing coordinator position is created Eleven staff positions, $5.7 million budget AZRS handles 1.2 million calls a year AzTEDP carries 23 devices
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Fiscal Year 2003 Strategic Plan
I. To Increase Public Awareness of Accessibility Issues. Objective: Promote awareness of Assistive Technology beyond telecommunications devices. Objective 2: Increase awareness and understanding of interpreter use. II. To Increase Partnerships in Providing Training and Program Services. Objective 1: Increase the number of public and private sector partnerships in providing training services. Objective 2: Increase the number of direct services provided. III. To Promote Training Opportunities for ASL Instructors in the State of Arizona. Objective 1: Create state ASL teacher certification standards. Objective 2: Provide workshops for ASL instructors. Objective 3: Prepare ASL instructors to meet national level certification and standards. IV. To Improve Interpreter Support Services. Objective 1: Increase the number of hours of interpreting classes and workshops statewide Objective 2: Provide interpreters with training opportunities in order to attain their certificate of competency. V. To Ensure Contractual Compliance of AZRS. Objective 1: Monitor performance of AZRS provider to ensure compliance of state contract. Objective 2: Insure customer satisfaction among TRS users. VI. To Transition AzTEDP to a Voucher System. Objective 1: Establish a baseline for measurement (beginning 11/1/02). Objective 2: Inform and educate community about voucher program. VII. To Expand Direct Services for the Deaf and Hard of Hearing in Arizona. Objective: Seek funding for underserved deaf and hard of hearing population. VIII. To Improve Agency Publicity on Issues Related to Hearing Loss. Objective: Inform the community of ACDHH activities and positions on hearing loss issues.
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General ACDHH Agency Statutes
Article 36 36-1941. 36-1942. 36-1943. 36-1944. Public Health and Safety Definitions (p. 57) Commission for the deaf and the hard of hearing (p. 57) Executive director; duties (p. 58) Duties (p. 58)
36-1941. Definitions In this chapter, unless the context otherwise requires: 1. "Commission" means the commission for the deaf and the hard of hearing. 2. "Deaf" means those persons who cannot generally understand speech sounds with or without a hearing aid when in optimal listening conditions. 3. "Hard of hearing" means those persons who have a degree of hearing loss greater than 40dB PTA-2, but less than 85dB PTA-2, in the better ear. 4. "Interpreting" means translating or transliterating of English concepts to any necessary specialized vocabulary used by a consumer or the translating of a consumer specialized vocabulary to English concepts. 5. "Necessary specialized vocabulary" includes American sign language, English based sign language, cued speech and oral interpreting. 6. "PTA-2" means the average of hearing levels at one thousand, two thousand and four thousand Hz. 36-1942. Commission for the deaf and the hard of hearing A. The commission for the deaf and the hard of hearing is established consisting of the following members appointed by the governor: 1. One member selected from the department of economic security. 2. One member selected from the Arizona school for the deaf and the blind at Tucson or the Phoenix day school for the deaf. 3. One member who is a dispensing clinical audiologist licensed pursuant to title 36, chapter 17. 4. One member who is a hearing aid dispenser licensed pursuant to title 36, chapter 17. 5. Four members who are deaf persons. 6. One member selected from the Arizona register of interpreters for the deaf. 7. One member who is a parent of a deaf person. 8. Four members who are hard of hearing.
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B. Commission members serve three years and may be reappointed once. The governor may remove a commission member for cause. C. The commission shall meet at least four times a year at the call of the chairman, who shall be selected by the commission from among its membership. D. Members of the commission are not eligible to receive compensation but are eligible to receive reimbursement of expenses pursuant to title 38, chapter 4, article 2. 36-1943. Executive director; duties A. The commission shall appoint an executive director who serves at the pleasure of the commission. The commission may appoint other employees as necessary and shall fix their compensation and prescribe their powers and duties. With the approval of the commission, the executive director may contract for professional, technical and clerical services necessary to carry out functions of the commission. B. The executive director shall be a trained professional experienced in problems of the deaf and the hard of hearing and skilled in the use of manual communication, commonly referred to as sign language, and may be either a deaf person, a person who is hard of hearing or a person with normal hearing. The executive director shall assist the commission to implement its programs and activities and to implement this chapter. The executive director shall not be a commission member. The executive director is eligible to receive compensation set by the commission within the range determined pursuant to section 38-611. 36-1944. Duties The commission shall act as a bureau of information to the deaf and the hard of hearing, state agencies and institutions providing services to the deaf and the hard of hearing, local agencies of government and other public or private community agencies and programs. In this capacity, the commission shall: 1. Inform the deaf and the hard of hearing of the availability of the programs and activities of the commission and other services available for the deaf and the hard of hearing at all levels of government. 2. Develop and foster a framework for consultation and cooperation with the rehabilitation services bureau of the department of economic security and with all institutions represented on the commission. 3. Study issues relating to the deaf and the hard of hearing, review the administration and operation of the various programs for the deaf and the hard of hearing in this state and make recommendations concerning these problems and programs to the several agencies and institutions represented on the commission as it deems necessary. 4. Submit an annual report to the governor and the legislature concerning its findings and recommendations. 5. Review the problems of the deaf and the hard of hearing as they relate to the need for effective and appropriate auxiliary aids in public places.
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6. Review and compile information on the development of acoustical technology for the hard of hearing and advocate the use of this technology if it deems appropriate. 7. Make recommendations to state agencies, political subdivisions and institutions on how to meet the needs of the hard of hearing. 8. Make recommendations to the legislature regarding statutory changes needed to implement a statewide newborn child hearing loss screening program. 36-1945. Commission for the deaf and the hard of hearing fund; gifts and donations; annual report A. The commission for the deaf and the hard of hearing fund is established consisting of fees, penalties and any legislative appropriations. The commission shall administer the fund. Monies in the fund are subject to legislative appropriation. B. The commission may accept and spend federal monies and private grants, gifts, contributions and devises to assist in carrying out the purposes of this chapter. These monies do not revert to the state general fund at the end of a fiscal year. C. The commission shall submit an annual report to the governor on all monies accepted by the commission pursuant to subsection B, the names of the donors and the respective amounts contributed and the amount of all disbursements from the fund. 41-3010.06. Commission for the deaf and the hard of hearing; termination July 1, 2010 A. The commission for the deaf and the hard of hearing terminates on July 1, 2010. B. Title 36, chapter 17.1 is repealed on January 1, 2011. (2000)
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ACDHH Interpreter Certification and Licensure
36-1946. Interpreters for the deaf and the hard of hearing; certification; licensure The commission shall: 1. Adopt rules necessary to achieve the purposes of section 12-242. 2. By rule, classify interpreters for the deaf and the hard of hearing based on the level of interpreting skills acquired by that person. 3. By rule, establish standards and procedures for the qualification and licensure of each classification of interpreters. 4. Help establish partnerships with colleges and universities in this state to provide interpreter training and degree programs. 5. By rule, establish standards and procedures to certify sign language teachers to teach American sign language. 6. Beginning on September 1, 2007, license interpreters for the deaf and the hard of hearing pursuant to article 2 of this chapter.
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Legal Interpreting
12-242. Interpreters for deaf persons; proceedings; definitions (L82, ch 258, sec 2) A. The court shall in any civil or criminal case or grand jury proceeding in which a deaf person is party to such action, either as a witness, complainant, defendant or attorney, appoint a qualified interpreter to interpret the proceedings to the deaf person, to interpret the deaf person's testimony or statements and to interpret preparations with the deaf person's attorney. B. A department, board, commission, agency or licensing authority of this state or a political subdivision of this state shall in any proceeding before such department, board, commission, agency or licensing authority in which a deaf person is a principal party of interest or witness, appoint a qualified interpreter to interpret the proceedings to the deaf person and to interpret the deaf person's testimony or statements. C. If a person known or ascertained to be deaf is arrested and taken into custody for any alleged violation of a criminal law of this state, the arresting officer, his superiors or the court shall procure a qualified interpreter in order to properly interpret any of the following: 1. Warnings of the person's constitutional privilege against self-incrimination as it relates to custodial interrogation. 2. Interrogation of the deaf person. 3. The deaf person's statements. D. If a juvenile whose parent or parents are deaf is brought before a court for any reason, the court may appoint a qualified interpreter to interpret the proceedings and testimony for the deaf parent or parents and to interpret any statements or testimony the deaf parent or parents may be called upon to give to the court. E. If a communication made by a deaf person through an interpreter is privileged, the privilege extends also to the interpreter. F. If the only available interpreter does not possess adequate interpreting skills for the particular situation, the court or appointing authority may permit the deaf person to nominate another person to act as an intermediary interpreter between the deaf person and the appointed interpreter during proceedings. G. A deaf person entitled to the services of an interpreter under this section may knowingly and intelligently waive these services. A deaf person who has waived an interpreter under this subsection may provide his own interpreter at his own expense, without regard to whether the interpreter is qualified under this section. H. As used in this section: 1. "Deaf person" means a person whose hearing impairment is so significant that the individual is impaired in processing linguistic information through hearing. 2. "Qualified interpreter" means a person who has a certificate of competency authorized by the Arizona council for the deaf.
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Interpreting Licensure
Article 36 36-1971. 36-1972. 36-1973. 36-1974. 36-1975. 36-1976. 36-1977. 36-1978. Public Health and Safety Licensure; acts and persons not affected (p.62) Use of title; prohibited acts; violation; classification (p.63) Qualifications for licensure (p.63) Issuance and renewal of license; continuing education (p. 63) Denial of licensure (p. 64) Revocation or suspension of license (p. 64) Right to examine and copy evidence (p. 64) Injunctive relief; bond; service of process (p. 65)
36-1971. Licensure; acts and persons not affected (Effective 10/1/07) A. A person shall not practice as an interpreter for the deaf and the hard of hearing without a license issued pursuant to this article. The licensure requirements of this article also apply to interpreters who provide services for legal proceedings as prescribed in section 12-242. B. The commission by rule shall prescribe education, examination and work history requirements for the following three categories of licenses: 1. Legal. 2. Generalist. 3. Provisional. C. This article does not apply to: 1. An interpreter who works in this state for less than twenty days if that person registers with the commission to provide interpreting services in nonlegal situations. 2. An interpreter who provides interpreting services at religious activities. 3. An interpreter who provides interpreting services on an emergency basis if the delay necessary to obtain a licensed interpreter is likely to cause injury or loss to the consumer. 4. An interpreter who works without compensation in nonlegal situations. 5. An interpreter who works in a school in this state pursuant to the individual education plan of a deaf or hard of hearing pupil. The qualifications of an interpreter working in a school in this state shall be determined by the individualized education program team. A school district shall inform a parent or guardian of a deaf or hard of hearing pupil of the parent or guardian's right to request a licensed interpreter. 6. Activities and services of an interpreter intern or student in training if both of the following are true: (a) The interpreter is enrolled in a program of study in interpreting at an accredited institution of higher learning.
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(b) The interpreter works under the supervision of a person licensed pursuant to this article as part of a supervised program of study and is identified to all consumers as an interpreter intern or student in training. 36-1972. Use of title; prohibited acts; violation; classification (Effective 10/1/07) A. A person who is not licensed pursuant to this article shall not: 1. Use any title, abbreviation, words, letters, signs or figures to indicate that the person is licensed pursuant to this chapter. 2. Practice as an interpreter for the deaf and the hard of hearing. 3. Use another person's license. B. A person who violates this section is guilty of a class 2 misdemeanor. 36-1973. Qualifications for licensure (Effective 10/1/07) A. To receive a license to practice as an interpreter pursuant to this article a person shall submit an application and application fee as prescribed by the commission. B. The applicant shall document to the commission's satisfaction that the applicant has successfully completed the education, examination and work history requirements for the specific category of license for which the licensee is applying. 36-1974. Issuance and renewal of license; continuing education (Effective 10/1/07) A. The executive director shall issue a license when the applicant has satisfied all of the requirements for licensure under this article. B. A license issued pursuant to this article is subject to annual renewal on the licensee's birthday and terminates thirty days after that date unless it is renewed. C. Each licensee shall renew the license not earlier than sixty days before and not later than thirty days after the license expires by submitting the renewal fee and a completed renewal form. A licensee who does not renew a license as required by this article must also pay a penalty fee as prescribed by the commission for late renewal. A person who practices interpreting in this state after that person's license has expired is in violation of this article. D. A person whose license terminates shall submit an application and application fee as an original applicant for licensure. E. The commission by rule may prescribe continuing education requirements as a condition of license renewal.
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36-1975. Denial of licensure (Effective 10/1/07) The commission may refuse to issue or renew a license if the commission finds that any of the following is true: 1. The applicant committed fraud or misrepresentation in applying for a license in this state or another state. 2. The applicant was convicted of a felony offense or any other offense involving moral turpitude. 3. The applicant does not meet minimum qualifications as prescribed by this article. 4. The applicant was adjudicated insane or incompetent. 5. The applicant engaged in fraud, dishonesty or corruption on a certification examination in another state. 36-1976. Revocation or suspension of license (Effective 10/1/07) A. The commission may revoke or suspend a license issued under this article, place a licensee on probation, issue a reprimand or impose a civil penalty for any of the following reasons: 1. Unprofessional conduct. 2. A violation of this article. 3. Gross negligence or incompetence in the performance of duties. 4. Fraud, dishonesty or corruption. 5. Inability to perform the duties of an interpreter at a level of skill that is required by the commission. 6. Conviction of a felony offense or any other offense involving moral turpitude. 7. Failing to meet minimum qualifications as prescribed by this article. 8. Adjudication of insanity or incompetency. B. Before it takes disciplinary action pursuant to this section, the commission shall give a licensee notice and an opportunity for a hearing pursuant to its rules. C. The commission may issue subpoenas, examine witnesses and administer oaths pursuant to a hearing held under this section. 36-1977. Right to examine and copy evidence (Effective 10/1/07) In connection with a commission investigation conducted pursuant to section 36-1976, the commission at all reasonable times has the right to examine and copy any documents, reports, records or other physical evidence of any person being investigated or reports, records and any other documents maintained by and in the possession of any public or private agency if the
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commission believes this information is related to unprofessional conduct or the mental or physical ability of a licensee to practice pursuant to this article. 36-1978. Injunctive relief; bond; service of process (Effective 10/1/07) A. In addition to all other available remedies, if the commission has any reason to believe that a person has violated this article or a commission rule, the commission through the attorney general or the county attorney of the county in which the violation is alleged to have occurred may apply to the superior court in that county for an injunction restraining that person from engaging in the violation. B. The court shall issue a temporary restraining order, a preliminary injunction or a permanent injunction without requiring the commission to post a bond. C. Service of process may be on the defendant in any county of this state where the defendant is found.
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Telecommunication Fund
Article 36 36-1947. Article 42 42-5252. 42-5253. Public Health and Safety Telecommunication devices for the deaf and the hearing and speech impaired; fund (p. 66) Taxation Levy of tax (p. 66) Remission and distribution of revenues (p. 67)
36-1947. Telecommunication devices for the deaf and the hearing and speech impaired; fund A. The commission shall establish and administer a statewide program to purchase, repair and distribute telecommunication devices to residents of this state who are deaf or severely hearing or speech impaired and establish a dual party relay system making all phases of public telephone service available to persons who are deaf or severely hearing or speech impaired. B. The commission may adopt administrative procedures, rules, criteria and forms to establish and administer the telecommunication device program under this section. C. Telecommunication devices furnished by the commission under this section remain the property of this state. A person who receives a telecommunication device from the commission under this section is liable for the loss of or damage to the device. The commission may impose a civil penalty against the person in an amount equal to the cost of the device or the amount of damage done to the device. If a person objects to the imposition of a civil penalty, the commission shall conduct a hearing as prescribed in title 41, chapter 6, article 10. Monies collected by the commission under this subsection shall be deposited in the telecommunication fund for the deaf established by subsection D of this section. D. The telecommunication fund for the deaf is established. The commission shall administer the fund. Monies in the fund sh